{"id":"qld:act-2010-023","name":"City of Brisbane Act 2010","slug":"city-of-brisbane-act-2010","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"23 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29864,"registerId":"qld-act-2010-023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"City of Brisbane","content":"# City of Brisbane","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"City of Brisbane","content":"### sec.7 City of Brisbane\n\nThe area of Brisbane continues to be a city under the name ‘City of Brisbane’.\nThe boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act.\nBrisbane is the capital city of Queensland.\nA regulation may describe the boundaries of Brisbane.\n(sec.7-ssec.1) The area of Brisbane continues to be a city under the name ‘City of Brisbane’.\n(sec.7-ssec.2) The boundaries of Brisbane are the boundaries of the city immediately before 1 July 2010 and as subsequently varied under this Act.\n(sec.7-ssec.3) Brisbane is the capital city of Queensland.\n(sec.7-ssec.4) A regulation may describe the boundaries of Brisbane.","sortOrder":1},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Council constitution, responsibilities and powers","content":"# Council constitution, responsibilities and powers","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":"What this part is about","content":"### sec.8 What this part is about\n\nThis part explains—\nwhat the Brisbane City Council is; and\nwho constitutes the council; and\nthe responsibilities and powers of the council, its councillors and its employees.\n- (a) what the Brisbane City Council is; and\n- (b) who constitutes the council; and\n- (c) the responsibilities and powers of the council, its councillors and its employees.","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":"The Brisbane City Council’s responsibility for Brisbane","content":"### sec.9 The Brisbane City Council’s responsibility for Brisbane\n\nThe Brisbane City Council (the council ) is the elected body that is responsible for the good rule and local government of Brisbane.","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":"Brisbane City Council is a body corporate","content":"### sec.10 Brisbane City Council is a body corporate\n\nThe council—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued, and otherwise exercise its powers, under the name ‘Brisbane City Council’.","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers of council generally","content":"### sec.11 Powers of council generally\n\nThe council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane.\nAlso, see section 242 for more information about powers.\nHowever, the council can only do something that the State can validly do.\nWhen exercising a power, the council may take account of Aboriginal tradition and Island custom.\nThe council may exercise its powers—\ninside Brisbane; or\noutside Brisbane (including outside Queensland)—\nwith the written approval of the Minister; or\nas provided under section 12 (5) .\nWhen the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane.\nSubsections (7) and (8) apply if the council is a component local government for a joint local government.\nDespite subsection (1) , the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.\nHowever, the council may exercise the power as a delegate of the joint local government.\ns 11 amd 2012 No. 33 s 5\n(sec.11-ssec.1) The council has the power to do anything that is necessary or convenient for the good rule and local government of Brisbane. Also, see section 242 for more information about powers.\n(sec.11-ssec.2) However, the council can only do something that the State can validly do.\n(sec.11-ssec.3) When exercising a power, the council may take account of Aboriginal tradition and Island custom.\n(sec.11-ssec.4) The council may exercise its powers— inside Brisbane; or outside Brisbane (including outside Queensland)— with the written approval of the Minister; or as provided under section 12 (5) .\n(sec.11-ssec.5) When the council is exercising a power in a place that is outside Brisbane, the council has the same jurisdiction in the place as if the place were inside Brisbane.\n(sec.11-ssec.6) Subsections (7) and (8) apply if the council is a component local government for a joint local government.\n(sec.11-ssec.7) Despite subsection (1) , the council may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.\n(sec.11-ssec.8) However, the council may exercise the power as a delegate of the joint local government.\n- (a) inside Brisbane; or\n- (b) outside Brisbane (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided under section 12 (5) .\n- (i) with the written approval of the Minister; or\n- (ii) as provided under section 12 (5) .\n- (i) with the written approval of the Minister; or\n- (ii) as provided under section 12 (5) .","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":"Power includes power to conduct joint government activities","content":"### sec.12 Power includes power to conduct joint government activities\n\nThe council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity.\nA joint government activity includes providing a service, or operating a facility, that involves the other governments.\nThe cooperation with another government may take any form, including for example—\nentering into an agreement; or\ncreating a joint local government entity, or joint government entity, to oversee the joint government activity; or\nbeing a component local government for a joint local government.\nFor the establishment of joint local governments, see the Local Government Act , chapter 2A .\nA joint government activity may be set up for more than 1 purpose.\nThree local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments.\nThe council may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.\nHowever, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.\nSee section 30 for more information about making local laws.\ns 12 amd 2012 No. 33 s 6\n(sec.12-ssec.1) The council may exercise its powers by cooperating with 1 or more other local, State or Commonwealth government to conduct a joint government activity.\n(sec.12-ssec.2) A joint government activity includes providing a service, or operating a facility, that involves the other governments.\n(sec.12-ssec.3) The cooperation with another government may take any form, including for example— entering into an agreement; or creating a joint local government entity, or joint government entity, to oversee the joint government activity; or being a component local government for a joint local government. For the establishment of joint local governments, see the Local Government Act , chapter 2A .\n(sec.12-ssec.4) A joint government activity may be set up for more than 1 purpose. Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to one of the local governments.\n(sec.12-ssec.5) The council may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.\n(sec.12-ssec.6) However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area. See section 30 for more information about making local laws.\n- (a) entering into an agreement; or\n- (b) creating a joint local government entity, or joint government entity, to oversee the joint government activity; or\n- (c) being a component local government for a joint local government. Note— For the establishment of joint local governments, see the Local Government Act , chapter 2A .","sortOrder":7},{"sectionNumber":"sec.13","sectionType":"section","heading":"Who the council is constituted by","content":"### sec.13 Who the council is constituted by\n\nUsually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Local Government Electoral Act 2011 .\nHowever—\nif all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the council is constituted by the interim administrator; or\nif there are no councillors for any other reason and an interim administrator has not been appointed—the council is constituted by its chief executive officer.\ns 13 amd 2011 No. 27 s 244 ; 2019 No. 30 s 17\n(sec.13-ssec.1) Usually, the council is constituted by the mayor and 26 other councillors who are elected or appointed to the council under this Act or the Local Government Electoral Act 2011 .\n(sec.13-ssec.2) However— if all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the council is constituted by the interim administrator; or if there are no councillors for any other reason and an interim administrator has not been appointed—the council is constituted by its chief executive officer.\n- (a) if all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the council is constituted by the interim administrator; or\n- (b) if there are no councillors for any other reason and an interim administrator has not been appointed—the council is constituted by its chief executive officer.","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"Responsibilities of councillors","content":"### sec.14 Responsibilities of councillors\n\nA councillor must represent the current and future interests of the residents of Brisbane.\nAll councillors have the same responsibilities, but the mayor has some extra responsibilities.\nAll councillors have the following responsibilities—\nensuring the council—\ndischarges its responsibilities under this Act; and\nachieves its corporate plan; and\ncomplies with all laws that apply to the council;\nproviding high quality leadership to the council and the community;\nparticipating, for the benefit of Brisbane, in—\nmeetings of the council; and\npolicy development and decision-making about matters being considered at a meeting of the council;\nbeing accountable to the community for the council’s performance.\nThe mayor has the following extra responsibilities—\nimplementing the policies adopted by the council;\ndeveloping and implementing policies, other than policies that conflict with policies adopted by the council;\nleading and controlling the business of the council;\npreparing a budget to present to the council;\nleading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council;\nensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister;\narranging representation of the council at ceremonial or civic functions;\ndirecting the chief executive officer and senior executive employees of the council under section 170 .\nWhen performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane.\ns 14 amd 2012 No. 33 s 7 ; 2013 No. 60 s 33 sch 1 ; 2020 No. 20 s 76\n(sec.14-ssec.1) A councillor must represent the current and future interests of the residents of Brisbane.\n(sec.14-ssec.2) All councillors have the same responsibilities, but the mayor has some extra responsibilities.\n(sec.14-ssec.3) All councillors have the following responsibilities— ensuring the council— discharges its responsibilities under this Act; and achieves its corporate plan; and complies with all laws that apply to the council; providing high quality leadership to the council and the community; participating, for the benefit of Brisbane, in— meetings of the council; and policy development and decision-making about matters being considered at a meeting of the council; being accountable to the community for the council’s performance.\n(sec.14-ssec.4) The mayor has the following extra responsibilities— implementing the policies adopted by the council; developing and implementing policies, other than policies that conflict with policies adopted by the council; leading and controlling the business of the council; preparing a budget to present to the council; leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council; ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister; arranging representation of the council at ceremonial or civic functions; directing the chief executive officer and senior executive employees of the council under section 170 .\n(sec.14-ssec.5) When performing a responsibility, a councillor must serve the overall public interest of the whole of Brisbane.\n- (a) ensuring the council— (i) discharges its responsibilities under this Act; and (ii) achieves its corporate plan; and (iii) complies with all laws that apply to the council;\n- (i) discharges its responsibilities under this Act; and\n- (ii) achieves its corporate plan; and\n- (iii) complies with all laws that apply to the council;\n- (b) providing high quality leadership to the council and the community;\n- (c) participating, for the benefit of Brisbane, in— (i) meetings of the council; and (ii) policy development and decision-making about matters being considered at a meeting of the council;\n- (i) meetings of the council; and\n- (ii) policy development and decision-making about matters being considered at a meeting of the council;\n- (d) being accountable to the community for the council’s performance.\n- (i) discharges its responsibilities under this Act; and\n- (ii) achieves its corporate plan; and\n- (iii) complies with all laws that apply to the council;\n- (i) meetings of the council; and\n- (ii) policy development and decision-making about matters being considered at a meeting of the council;\n- (a) implementing the policies adopted by the council;\n- (b) developing and implementing policies, other than policies that conflict with policies adopted by the council;\n- (c) leading and controlling the business of the council;\n- (d) preparing a budget to present to the council;\n- (e) leading, managing, and providing strategic direction to the chief executive officer in order to achieve high quality administration of the council;\n- (f) ensuring that the council promptly provides the Minister with the information about Brisbane, or the council, that is requested by the Minister;\n- (g) arranging representation of the council at ceremonial or civic functions;\n- (h) directing the chief executive officer and senior executive employees of the council under section 170 .","sortOrder":9},{"sectionNumber":"sec.15","sectionType":"section","heading":"Responsibilities of council employees","content":"### sec.15 Responsibilities of council employees\n\nAll employees of the council have the following responsibilities—\nimplementing the policies and priorities of the council in a way that promotes—\nthe effective, efficient and economical management of public resources; and\nexcellence in service delivery; and\ncontinual improvement;\ncarrying out their duties in a way that ensures the council—\ndischarges its responsibilities under this Act; and\ncomplies with all laws that apply to the council; and\nachieves its corporate plan;\nproviding sound and impartial advice to the council;\ncarrying out their duties impartially and with integrity;\nensuring their personal conduct does not reflect adversely on the reputation of the council;\nimproving all aspects of their work performance;\nobserving all laws relating to their employment;\nobserving the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\ncomplying with a code of conduct under the Public Sector Ethics Act 1994 .\nThe chief executive officer has the following extra responsibilities—\nmanaging the council in a way that promotes—\nthe effective, efficient and economical management of public resources; and\nexcellence in service delivery; and\ncontinual improvement;\nmanaging the other council employees through management practices that—\npromote equal employment opportunities; and\nare responsive to the council’s policies and priorities;\nestablishing and implementing goals and practices in accordance with the policies and priorities of the council;\nestablishing and implementing practices about access and equity to ensure members of the community have access to—\ncouncil programs; and\nappropriate avenues for reviewing council decisions;\nthe safe custody of—\nall records about the proceedings, accounts or transactions of the council or its committees; and\nall documents owned or held by the council;\ncomplying with particular requests under section 171 from councillors.\ns 15 amd 2013 No. 60 s 33 sch 1\n(sec.15-ssec.1) All employees of the council have the following responsibilities— implementing the policies and priorities of the council in a way that promotes— the effective, efficient and economical management of public resources; and excellence in service delivery; and continual improvement; carrying out their duties in a way that ensures the council— discharges its responsibilities under this Act; and complies with all laws that apply to the council; and achieves its corporate plan; providing sound and impartial advice to the council; carrying out their duties impartially and with integrity; ensuring their personal conduct does not reflect adversely on the reputation of the council; improving all aspects of their work performance; observing all laws relating to their employment; observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; complying with a code of conduct under the Public Sector Ethics Act 1994 .\n(sec.15-ssec.2) The chief executive officer has the following extra responsibilities— managing the council in a way that promotes— the effective, efficient and economical management of public resources; and excellence in service delivery; and continual improvement; managing the other council employees through management practices that— promote equal employment opportunities; and are responsive to the council’s policies and priorities; establishing and implementing goals and practices in accordance with the policies and priorities of the council; establishing and implementing practices about access and equity to ensure members of the community have access to— council programs; and appropriate avenues for reviewing council decisions; the safe custody of— all records about the proceedings, accounts or transactions of the council or its committees; and all documents owned or held by the council; complying with particular requests under section 171 from councillors.\n- (a) implementing the policies and priorities of the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement;\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (b) carrying out their duties in a way that ensures the council— (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to the council; and (iii) achieves its corporate plan;\n- (i) discharges its responsibilities under this Act; and\n- (ii) complies with all laws that apply to the council; and\n- (iii) achieves its corporate plan;\n- (c) providing sound and impartial advice to the council;\n- (d) carrying out their duties impartially and with integrity;\n- (e) ensuring their personal conduct does not reflect adversely on the reputation of the council;\n- (f) improving all aspects of their work performance;\n- (g) observing all laws relating to their employment;\n- (h) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\n- (i) complying with a code of conduct under the Public Sector Ethics Act 1994 .\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (i) discharges its responsibilities under this Act; and\n- (ii) complies with all laws that apply to the council; and\n- (iii) achieves its corporate plan;\n- (a) managing the council in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement;\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (b) managing the other council employees through management practices that— (i) promote equal employment opportunities; and (ii) are responsive to the council’s policies and priorities;\n- (i) promote equal employment opportunities; and\n- (ii) are responsive to the council’s policies and priorities;\n- (c) establishing and implementing goals and practices in accordance with the policies and priorities of the council;\n- (d) establishing and implementing practices about access and equity to ensure members of the community have access to— (i) council programs; and (ii) appropriate avenues for reviewing council decisions;\n- (i) council programs; and\n- (ii) appropriate avenues for reviewing council decisions;\n- (e) the safe custody of— (i) all records about the proceedings, accounts or transactions of the council or its committees; and (ii) all documents owned or held by the council;\n- (i) all records about the proceedings, accounts or transactions of the council or its committees; and\n- (ii) all documents owned or held by the council;\n- (f) complying with particular requests under section 171 from councillors.\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (i) promote equal employment opportunities; and\n- (ii) are responsive to the council’s policies and priorities;\n- (i) council programs; and\n- (ii) appropriate avenues for reviewing council decisions;\n- (i) all records about the proceedings, accounts or transactions of the council or its committees; and\n- (ii) all documents owned or held by the council;","sortOrder":10},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Wards of Brisbane","content":"# Wards of Brisbane","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":"What this part is about","content":"### sec.16 What this part is about\n\nThis part is about the number of electors that are to be in each ward of Brisbane to ensure democratic representation.","sortOrder":12},{"sectionNumber":"sec.17","sectionType":"section","heading":"Wards of Brisbane","content":"### sec.17 Wards of Brisbane\n\nBrisbane is divided into 26 areas called wards .\nA regulation may describe the boundaries of any ward of Brisbane.\nEach ward of Brisbane must have a reasonable proportion of electors.\nA reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%.\nIf the total number of electors in Brisbane is 1,500,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300,000 (i.e. 1,500,000 divided by 5) plus or minus 10%, i.e. between 270,000 and 330,000 electors.\nWhen changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen.\n(sec.17-ssec.1) Brisbane is divided into 26 areas called wards .\n(sec.17-ssec.2) A regulation may describe the boundaries of any ward of Brisbane.\n(sec.17-ssec.3) Each ward of Brisbane must have a reasonable proportion of electors.\n(sec.17-ssec.4) A reasonable proportion of electors is the number of electors that is worked out by dividing the total number of electors in Brisbane (as nearly as can be found out) by the number of councillors (other than the mayor), plus or minus 10%. If the total number of electors in Brisbane is 1,500,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 300,000 (i.e. 1,500,000 divided by 5) plus or minus 10%, i.e. between 270,000 and 330,000 electors.\n(sec.17-ssec.5) When changing the wards of Brisbane, the reasonable proportion of electors must be worked out as near as practicable to the time when the change is to happen.","sortOrder":13},{"sectionNumber":"sec.18","sectionType":"section","heading":"Review of wards of Brisbane","content":"### sec.18 Review of wards of Brisbane\n\nThe electoral commission must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections—\nreview whether each of the wards of Brisbane has a reasonable proportion of electors; and\ngive the council and the Minister written notice of the results of the review.\ns 18 amd 2026 No. 5 s 4\n- (a) review whether each of the wards of Brisbane has a reasonable proportion of electors; and\n- (b) give the council and the Minister written notice of the results of the review.","sortOrder":14},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Changing Brisbane area or representation","content":"# Changing Brisbane area or representation","sortOrder":15},{"sectionNumber":"ch.2-pt.4-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":16},{"sectionNumber":"sec.19","sectionType":"section","heading":"What this part is about","content":"### sec.19 What this part is about\n\nThis part is about making a boundary change.\nA boundary change is a change of the boundaries of Brisbane or any ward of Brisbane.\nIn summary, the process for making a boundary change is as follows—\nassessment —the change commission assesses whether a proposed boundary change is in the public interest\nimplementation —the Governor in Council implements the boundary change under a regulation.\nThe change commission , which conducts the assessment phase of the process, is an independent body created under the Local Government Act .\n(sec.19-ssec.1) This part is about making a boundary change.\n(sec.19-ssec.2) A boundary change is a change of the boundaries of Brisbane or any ward of Brisbane.\n(sec.19-ssec.3) In summary, the process for making a boundary change is as follows— assessment —the change commission assesses whether a proposed boundary change is in the public interest implementation —the Governor in Council implements the boundary change under a regulation.\n(sec.19-ssec.4) The change commission , which conducts the assessment phase of the process, is an independent body created under the Local Government Act .\n- • assessment —the change commission assesses whether a proposed boundary change is in the public interest\n- • implementation —the Governor in Council implements the boundary change under a regulation.","sortOrder":17},{"sectionNumber":"ch.2-pt.4-div.2","sectionType":"division","heading":"The process for change","content":"## The process for change","sortOrder":18},{"sectionNumber":"sec.20","sectionType":"section","heading":"Who may start the change process","content":"### sec.20 Who may start the change process\n\nFor a boundary change—\nthe council; or\nthe Minister; or\nthe electoral commission;\nmay apply to the change commission to assess whether the change should be made.\n- (a) the council; or\n- (b) the Minister; or\n- (c) the electoral commission;","sortOrder":19},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assessment","content":"### sec.21 Assessment\n\nThe change commission is responsible for assessing whether a proposed boundary change is in the public interest.\nIn doing so, the change commission must consider—\nwhether the proposed boundary change is consistent with a local government related law; and\nthe views of the Minister about the proposed boundary change; and\nany other matters prescribed under a regulation.\nThe change commission may conduct its assessment in any way that it considers appropriate, including, for example, by—\nasking for submissions from any local government that would be affected by the proposed boundary change; or\nholding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed boundary change.\nHowever, the Minister may direct the change commission in writing to conduct its assessment of the proposed boundary change in a particular way.\nDespite subsection (3) , the change commission must comply with the Minister’s direction.\nThe change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results—\nin the gazette; and\non the electoral commission’s website.\nThe change commission must also give the results of its assessment to the Minister.\nThe change commission may recommend that the Governor in Council implement the change commission’s assessment.\ns 21 amd 2011 No. 8 s 7 ; 2023 No. 30 s 3\n(sec.21-ssec.1) The change commission is responsible for assessing whether a proposed boundary change is in the public interest.\n(sec.21-ssec.2) In doing so, the change commission must consider— whether the proposed boundary change is consistent with a local government related law; and the views of the Minister about the proposed boundary change; and any other matters prescribed under a regulation.\n(sec.21-ssec.3) The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by— asking for submissions from any local government that would be affected by the proposed boundary change; or holding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed boundary change.\n(sec.21-ssec.4) However, the Minister may direct the change commission in writing to conduct its assessment of the proposed boundary change in a particular way.\n(sec.21-ssec.5) Despite subsection (3) , the change commission must comply with the Minister’s direction.\n(sec.21-ssec.6) The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results— in the gazette; and on the electoral commission’s website.\n(sec.21-ssec.7) The change commission must also give the results of its assessment to the Minister.\n(sec.21-ssec.8) The change commission may recommend that the Governor in Council implement the change commission’s assessment.\n- (a) whether the proposed boundary change is consistent with a local government related law; and\n- (b) the views of the Minister about the proposed boundary change; and\n- (c) any other matters prescribed under a regulation.\n- (a) asking for submissions from any local government that would be affected by the proposed boundary change; or\n- (b) holding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed boundary change.\n- (a) in the gazette; and\n- (b) on the electoral commission’s website.","sortOrder":20},{"sectionNumber":"sec.22","sectionType":"section","heading":"Implementation","content":"### sec.22 Implementation\n\nThe Governor in Council may implement the change commission’s recommendation under a regulation.\nThe regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change.\nFor example, the regulation may provide for—\nholding or postponing a council election; or\nthe transfer of assets and liabilities between the council and another local government.\nThe council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change.\nA State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 .\n(sec.22-ssec.1) The Governor in Council may implement the change commission’s recommendation under a regulation.\n(sec.22-ssec.2) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the boundary change.\n(sec.22-ssec.3) For example, the regulation may provide for— holding or postponing a council election; or the transfer of assets and liabilities between the council and another local government.\n(sec.22-ssec.4) The council is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a boundary change.\n(sec.22-ssec.5) A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 .\n- (a) holding or postponing a council election; or\n- (b) the transfer of assets and liabilities between the council and another local government.","sortOrder":21},{"sectionNumber":"sec.23","sectionType":"section","heading":"Decisions under this division are not subject to appeal","content":"### sec.23 Decisions under this division are not subject to appeal\n\nA decision of the change commission under this division is not subject to appeal.\nSee section 226 for more information.","sortOrder":22},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Statutory committees and council meetings","content":"# Statutory committees and council meetings","sortOrder":23},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Statutory committees of the council","content":"## Statutory committees of the council","sortOrder":24},{"sectionNumber":"sec.24","sectionType":"section","heading":"Establishment and Coordination Committee","content":"### sec.24 Establishment and Coordination Committee\n\nThe standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council.\nThe committee coordinates the business of the council.\nThe committee consists of the mayor and all committee chairpersons of the standing committees of the council.\nOnly a councillor may be a member of the committee.\nThe mayor is the chairperson of the committee.\nThe committee is collectively responsible to the council.\ns 24 amd 2019 No. 30 s 44\n(sec.24-ssec.1) The standing committee of the council called the Establishment and Coordination Committee is continued as a statutory committee of the council.\n(sec.24-ssec.2) The committee coordinates the business of the council.\n(sec.24-ssec.3) The committee consists of the mayor and all committee chairpersons of the standing committees of the council.\n(sec.24-ssec.4) Only a councillor may be a member of the committee.\n(sec.24-ssec.5) The mayor is the chairperson of the committee.\n(sec.24-ssec.6) The committee is collectively responsible to the council.","sortOrder":25},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Meetings of the council or its committees","content":"## Meetings of the council or its committees","sortOrder":26},{"sectionNumber":"sec.25","sectionType":"section","heading":"Chairperson of the council","content":"### sec.25 Chairperson of the council\n\nThe council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant.\nThe chairperson of the council presides at all meetings of the council and is responsible for ensuring the council’s procedures for the conduct of its meetings are observed and enforced.\nThe chairperson of the council also has powers under the Local Government Act , section 150I in relation to particular conduct of councillors at meetings of the council.\nHowever, the chairperson of the council does not preside at meetings of committees of the council.\nA committee chairperson presides at meetings of a committee of the council.\ns 25 amd 2012 No. 33 s 8 ; 2019 No. 30 s 18\n(sec.25-ssec.1) The council must, by resolution, appoint a chairperson of the council from its councillors (other than the mayor or deputy mayor) at the first meeting after the office of the chairperson becomes vacant.\n(sec.25-ssec.2) The chairperson of the council presides at all meetings of the council and is responsible for ensuring the council’s procedures for the conduct of its meetings are observed and enforced. The chairperson of the council also has powers under the Local Government Act , section 150I in relation to particular conduct of councillors at meetings of the council.\n(sec.25-ssec.3) However, the chairperson of the council does not preside at meetings of committees of the council. A committee chairperson presides at meetings of a committee of the council.","sortOrder":27},{"sectionNumber":"sec.26","sectionType":"section","heading":"Mayor as member of standing committees of the council","content":"### sec.26 Mayor as member of standing committees of the council\n\nThe mayor is a member of all standing committees of the council.\nThe mayor may, at the mayor’s discretion, attend, participate in or vote at any meeting of a standing committee of the council.\n(sec.26-ssec.1) The mayor is a member of all standing committees of the council.\n(sec.26-ssec.2) The mayor may, at the mayor’s discretion, attend, participate in or vote at any meeting of a standing committee of the council.","sortOrder":28},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Local laws","content":"# Local laws","sortOrder":29},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"What this part is about","content":"### sec.27 What this part is about\n\nThis part is about local laws.\nA local law is a law made by the council.\nUnless there is a contrary intention, a reference in this Act to a local law includes a reference to—\nan interim local law; and\na subordinate local law; and\na local law that incorporates a model local law.\nAn interim local law is a local law that has effect for 6 months or less.\nA subordinate local law is a local law that—\nis made under a power contained in a local law; and\nprovides for the detailed implementation of the broader principles contained in the local law.\nA subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.\nA model local law is a local law approved by the Minister under the Local Government Act , section 26 (7) , as being suitable for incorporation by all local governments into their local laws.\ns 27 amd 2012 No. 33 s 9\n(sec.27-ssec.1) This part is about local laws.\n(sec.27-ssec.2) A local law is a law made by the council.\n(sec.27-ssec.3) Unless there is a contrary intention, a reference in this Act to a local law includes a reference to— an interim local law; and a subordinate local law; and a local law that incorporates a model local law.\n(sec.27-ssec.4) An interim local law is a local law that has effect for 6 months or less.\n(sec.27-ssec.5) A subordinate local law is a local law that— is made under a power contained in a local law; and provides for the detailed implementation of the broader principles contained in the local law.\n(sec.27-ssec.6) A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.\n(sec.27-ssec.7) A model local law is a local law approved by the Minister under the Local Government Act , section 26 (7) , as being suitable for incorporation by all local governments into their local laws.\n- (a) an interim local law; and\n- (b) a subordinate local law; and\n- (c) a local law that incorporates a model local law.\n- (a) is made under a power contained in a local law; and\n- (b) provides for the detailed implementation of the broader principles contained in the local law.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Interaction with State laws","content":"### sec.28 Interaction with State laws\n\nIf there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency.","sortOrder":32},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Making, recording and reviewing local laws","content":"## Making, recording and reviewing local laws","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Power to make a local law","content":"### sec.29 Power to make a local law\n\nThe council may make and enforce any local law that is necessary or convenient for the good rule and local government of Brisbane.\nHowever, the council must not make a local law—\nthat sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or\nthat purports to stop a local law being amended or repealed in the future; or\nabout a subject that is prohibited under division 3 .\n(sec.29-ssec.1) The council may make and enforce any local law that is necessary or convenient for the good rule and local government of Brisbane.\n(sec.29-ssec.2) However, the council must not make a local law— that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or that purports to stop a local law being amended or repealed in the future; or about a subject that is prohibited under division 3 .\n- (a) that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or\n- (b) that purports to stop a local law being amended or repealed in the future; or\n- (c) about a subject that is prohibited under division 3 .","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Local law making process","content":"### sec.30 Local law making process\n\nThe council may decide its own process for making a local law to the extent that the process is not inconsistent with this part.\nThe council makes a local law by passing a resolution to make the local law.\nIf the council proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency.\nThe new local law may include the amendment or repeal of the inconsistent law in the same instrument.\nAn interim local law must include a provision stating when the law expires.\nThe council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws.\nTo remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following—\nan interim local law;\na local law that only incorporates a model local law and does not contain an anti-competitive provision.\ns 30 sub 2012 No. 33 s 10\n(sec.30-ssec.1) The council may decide its own process for making a local law to the extent that the process is not inconsistent with this part.\n(sec.30-ssec.2) The council makes a local law by passing a resolution to make the local law.\n(sec.30-ssec.3) If the council proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the council must amend or repeal the existing local law so that there is no inconsistency. The new local law may include the amendment or repeal of the inconsistent law in the same instrument.\n(sec.30-ssec.4) An interim local law must include a provision stating when the law expires.\n(sec.30-ssec.5) The council must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws.\n(sec.30-ssec.6) To remove any doubt, it is declared that the council does not have to carry out any public consultation before making either of the following— an interim local law; a local law that only incorporates a model local law and does not contain an anti-competitive provision.\n- (a) an interim local law;\n- (b) a local law that only incorporates a model local law and does not contain an anti-competitive provision.","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"State interest check","content":"### sec.31 State interest check\n\nThis section applies if the council proposes to make a local law other than the following—\na local law that incorporates a model local law;\na subordinate local law.\nHowever, this section also applies to a local law that incorporates a model local law if the local law includes more than—\nthe model local law; or\nany amendment or repeal of an existing local law that would be inconsistent with the model local law.\nThe council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.\ns 31 sub 2012 No. 33 s 10\n(sec.31-ssec.1) This section applies if the council proposes to make a local law other than the following— a local law that incorporates a model local law; a subordinate local law.\n(sec.31-ssec.2) However, this section also applies to a local law that incorporates a model local law if the local law includes more than— the model local law; or any amendment or repeal of an existing local law that would be inconsistent with the model local law.\n(sec.31-ssec.3) The council must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.\n- (a) a local law that incorporates a model local law;\n- (b) a subordinate local law.\n- (a) the model local law; or\n- (b) any amendment or repeal of an existing local law that would be inconsistent with the model local law.","sortOrder":36},{"sectionNumber":"sec.32","sectionType":"section","heading":"Publication of local laws","content":"### sec.32 Publication of local laws\n\nThe council must let the public know that a local law has been made by the council, by publishing a notice of making the local law—\nin the gazette; and\non the council’s website.\nThe notice must be published within 1 month after the day when the council made the resolution to make the local law.\nThe notice in the gazette must state—\nthat the notice is made by the council; and\nthe date when the council made the resolution to make the local law; and\nthe name of the local law; and\nthe name of any existing local law that was amended or repealed by the new local law.\nThe notice on the council’s website must state—\nthat the notice is made by the council; and\nthe date when the council made the resolution to make the local law; and\nthe name of the local law; and\nthe name of any existing local law that was amended or repealed by the new local law; and\nif the local law incorporates a model local law—that fact; and\nif the local law is an interim local law—that fact, and the date on which the interim local law expires; and\nif the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and\nthe purpose and general effect of the local law; and\nif the local law contains an anti-competitive provision—that fact; and\nthat a copy of the local law may be—\ninspected and purchased at the council’s public office; and\nviewed by the public on the department’s website.\nAs soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be viewed and purchased by the public at the council’s public office.\nA copy of a local law must cost no more than the cost to the council of making the copy available for purchase.\nWithin 14 days after the notice is published in the gazette, the council must give the Minister—\na copy of the notice; and\na copy of the local law in electronic form.\ns 32 amd 2012 No. 33 s 11\n(sec.32-ssec.1) The council must let the public know that a local law has been made by the council, by publishing a notice of making the local law— in the gazette; and on the council’s website.\n(sec.32-ssec.2) The notice must be published within 1 month after the day when the council made the resolution to make the local law.\n(sec.32-ssec.3) The notice in the gazette must state— that the notice is made by the council; and the date when the council made the resolution to make the local law; and the name of the local law; and the name of any existing local law that was amended or repealed by the new local law.\n(sec.32-ssec.4) The notice on the council’s website must state— that the notice is made by the council; and the date when the council made the resolution to make the local law; and the name of the local law; and the name of any existing local law that was amended or repealed by the new local law; and if the local law incorporates a model local law—that fact; and if the local law is an interim local law—that fact, and the date on which the interim local law expires; and if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and the purpose and general effect of the local law; and if the local law contains an anti-competitive provision—that fact; and that a copy of the local law may be— inspected and purchased at the council’s public office; and viewed by the public on the department’s website.\n(sec.32-ssec.5) As soon as practicable after the notice is published in the gazette, the council must ensure a copy of the local law may be viewed and purchased by the public at the council’s public office.\n(sec.32-ssec.6) A copy of a local law must cost no more than the cost to the council of making the copy available for purchase.\n(sec.32-ssec.7) Within 14 days after the notice is published in the gazette, the council must give the Minister— a copy of the notice; and a copy of the local law in electronic form.\n- (a) in the gazette; and\n- (b) on the council’s website.\n- (a) that the notice is made by the council; and\n- (b) the date when the council made the resolution to make the local law; and\n- (c) the name of the local law; and\n- (d) the name of any existing local law that was amended or repealed by the new local law.\n- (a) that the notice is made by the council; and\n- (b) the date when the council made the resolution to make the local law; and\n- (c) the name of the local law; and\n- (d) the name of any existing local law that was amended or repealed by the new local law; and\n- (e) if the local law incorporates a model local law—that fact; and\n- (f) if the local law is an interim local law—that fact, and the date on which the interim local law expires; and\n- (g) if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and\n- (h) the purpose and general effect of the local law; and\n- (i) if the local law contains an anti-competitive provision—that fact; and\n- (j) that a copy of the local law may be— (i) inspected and purchased at the council’s public office; and (ii) viewed by the public on the department’s website.\n- (i) inspected and purchased at the council’s public office; and\n- (ii) viewed by the public on the department’s website.\n- (i) inspected and purchased at the council’s public office; and\n- (ii) viewed by the public on the department’s website.\n- (a) a copy of the notice; and\n- (b) a copy of the local law in electronic form.","sortOrder":37},{"sectionNumber":"sec.33","sectionType":"section","heading":"Expiry of interim local law revives previous law","content":"### sec.33 Expiry of interim local law revives previous law\n\nThis section applies if—\nan interim local law amends or repeals a local law; and\nthe interim local law expires; and\nthe interim local law is not made (either with or without change) as a local law.\nWhen the interim local law expires—\nthe local law is revived in its previous form; and\nany subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.\nThe previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.\nThis section does not affect anything that was done or suffered under the interim local law before it expired.\nThis section applies despite the Acts Interpretation Act 1954 , section 19 .\n(sec.33-ssec.1) This section applies if— an interim local law amends or repeals a local law; and the interim local law expires; and the interim local law is not made (either with or without change) as a local law.\n(sec.33-ssec.2) When the interim local law expires— the local law is revived in its previous form; and any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.\n(sec.33-ssec.3) The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.\n(sec.33-ssec.4) This section does not affect anything that was done or suffered under the interim local law before it expired.\n(sec.33-ssec.5) This section applies despite the Acts Interpretation Act 1954 , section 19 .\n- (a) an interim local law amends or repeals a local law; and\n- (b) the interim local law expires; and\n- (c) the interim local law is not made (either with or without change) as a local law.\n- (a) the local law is revived in its previous form; and\n- (b) any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"Local law register","content":"### sec.34 Local law register\n\nThe council must keep a register of its local laws, in the way that is required under a regulation.\nThe council must ensure the public may view the register at its public office or on its website.\nThe department’s chief executive must keep a database of the council’s local laws and ensure a copy of the database may be viewed by the public on the department’s website.\ns 34 amd 2012 No. 33 s 12\n(sec.34-ssec.1) The council must keep a register of its local laws, in the way that is required under a regulation.\n(sec.34-ssec.2) The council must ensure the public may view the register at its public office or on its website.\n(sec.34-ssec.3) The department’s chief executive must keep a database of the council’s local laws and ensure a copy of the database may be viewed by the public on the department’s website.","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Consolidated versions of local laws","content":"### sec.35 Consolidated versions of local laws\n\nThe council must prepare and adopt a consolidated version of a local law.\nA consolidated version of a local law is a document that accurately combines the council’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.\nWhen the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.\nWithin 7 days after the council adopts the consolidated version of the local law, the council must give the Minister a copy of the consolidated version of the local law in electronic form.\ns 35 amd 2012 No. 33 s 13\n(sec.35-ssec.1) The council must prepare and adopt a consolidated version of a local law.\n(sec.35-ssec.2) A consolidated version of a local law is a document that accurately combines the council’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.\n(sec.35-ssec.3) When the council adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.\n(sec.35-ssec.4) Within 7 days after the council adopts the consolidated version of the local law, the council must give the Minister a copy of the consolidated version of the local law in electronic form.","sortOrder":40},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2012 No. 33 s 14","sortOrder":41},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Local laws that can not be made","content":"## Local laws that can not be made","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"What this division is about","content":"### sec.37 What this division is about\n\nThis division specifies the subjects that the council must not make a local law about.","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":"Network connections","content":"### sec.38 Network connections\n\nThe council must not make a local law that regulates network connections.\nA network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.\nA local law, to the extent that it is contrary to this section, has no effect.\n(sec.38-ssec.1) The council must not make a local law that regulates network connections.\n(sec.38-ssec.2) A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.\n(sec.38-ssec.3) A local law, to the extent that it is contrary to this section, has no effect.","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":"Election advertising","content":"### sec.39 Election advertising\n\nThe council must not make a local law that—\nprohibits or regulates the distribution of how-to-vote cards; or\nprohibits the placement of election signs or posters.\nA how-to-vote card includes a how-to-vote card under the Electoral Act .\nAn election sign or poster is a sign or poster that is able, or is intended, to—\ninfluence a person about voting at any government election; or\naffect the result of any government election.\nA government election is an election for a local, State or Commonwealth government.\nA local law, to the extent that it is contrary to this section, has no effect.\ns 39 amd 2011 No. 27 s 245\n(sec.39-ssec.1) The council must not make a local law that— prohibits or regulates the distribution of how-to-vote cards; or prohibits the placement of election signs or posters.\n(sec.39-ssec.2) A how-to-vote card includes a how-to-vote card under the Electoral Act .\n(sec.39-ssec.3) An election sign or poster is a sign or poster that is able, or is intended, to— influence a person about voting at any government election; or affect the result of any government election.\n(sec.39-ssec.4) A government election is an election for a local, State or Commonwealth government.\n(sec.39-ssec.5) A local law, to the extent that it is contrary to this section, has no effect.\n- (a) prohibits or regulates the distribution of how-to-vote cards; or\n- (b) prohibits the placement of election signs or posters.\n- (a) influence a person about voting at any government election; or\n- (b) affect the result of any government election.","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":"Development processes","content":"### sec.40 Development processes\n\nThe council must not make a local law that establishes an alternative development process.\nAn alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act .\nHowever, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.\nA local law has no effect to the extent that it is contrary to this section.\nThis section does not apply to a local law about any of the following matters unless the matter is covered by the council’s planning scheme, the Planning Act or another instrument made under that Act—\nadvertising devices;\ngates and grids;\nroadside dining.\ns 40 amd 2012 No. 33 s 15 ; 2013 No. 23 s 37 ; 2016 No. 27 s 129\n(sec.40-ssec.1) The council must not make a local law that establishes an alternative development process.\n(sec.40-ssec.2) An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act .\n(sec.40-ssec.3) However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.\n(sec.40-ssec.4) A local law has no effect to the extent that it is contrary to this section.\n(sec.40-ssec.5) This section does not apply to a local law about any of the following matters unless the matter is covered by the council’s planning scheme, the Planning Act or another instrument made under that Act— advertising devices; gates and grids; roadside dining.\n- (a) advertising devices;\n- (b) gates and grids;\n- (c) roadside dining.","sortOrder":46},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Regulation of sex work","content":"### sec.40A Regulation of sex work\n\nThe council must not make a local law that prohibits or regulates sex work or the conduct of a sex work business.\nA local law has no effect to the extent that it is contrary to this section.\nIn this section—\nsex work means the provision by a person of the following services for payment or reward—\nservices involving the person participating in a sexual activity with another person;\nservices involving the use or display of the person’s body for the sexual arousal or gratification of another person.\nsex work business means a business that provides services that include sex work and includes, for example—\nan escort agency providing services that include sex work; or\na home-based sex work business.\ns 40A ins 2024 No. 23 s 8\n(sec.40A-ssec.1) The council must not make a local law that prohibits or regulates sex work or the conduct of a sex work business.\n(sec.40A-ssec.2) A local law has no effect to the extent that it is contrary to this section.\n(sec.40A-ssec.3) In this section— sex work means the provision by a person of the following services for payment or reward— services involving the person participating in a sexual activity with another person; services involving the use or display of the person’s body for the sexual arousal or gratification of another person. sex work business means a business that provides services that include sex work and includes, for example— an escort agency providing services that include sex work; or a home-based sex work business.\n- (a) services involving the person participating in a sexual activity with another person;\n- (b) services involving the use or display of the person’s body for the sexual arousal or gratification of another person.\n- (a) an escort agency providing services that include sex work; or\n- (b) a home-based sex work business.","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":"Anti-competitive provisions","content":"### sec.41 Anti-competitive provisions\n\nThe council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.\nA local law, to the extent that it is contrary to this section, has no effect.\nThis section does not apply to an interim local law.\n(sec.41-ssec.1) The council must not make a local law that contains an anti-competitive provision unless the council has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.\n(sec.41-ssec.2) A local law, to the extent that it is contrary to this section, has no effect.\n(sec.41-ssec.3) This section does not apply to an interim local law.","sortOrder":48},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Swimming pool safety","content":"### sec.41A Swimming pool safety\n\nThe council must not make a local law that regulates—\nthe construction or maintenance of barriers for a regulated pool; or\na matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\nIf a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1) , the council—\nmust not amend the provision after the commencement; and\nmust repeal the provision by 1 January 2017.\nA local law, to the extent that it is contrary to this section, has no effect.\nIn this section—\nbarriers , for a regulated pool, includes any of the following—\nthe fencing for the pool;\nthe walls of a building enclosing the pool;\nanother form of barrier mentioned or provided for in the pool safety standard under the Building Act .\ns 41A ins 2010 No. 35 s 34\n(sec.41A-ssec.1) The council must not make a local law that regulates— the construction or maintenance of barriers for a regulated pool; or a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\n(sec.41A-ssec.2) If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1) , the council— must not amend the provision after the commencement; and must repeal the provision by 1 January 2017.\n(sec.41A-ssec.3) A local law, to the extent that it is contrary to this section, has no effect.\n(sec.41A-ssec.4) In this section— barriers , for a regulated pool, includes any of the following— the fencing for the pool; the walls of a building enclosing the pool; another form of barrier mentioned or provided for in the pool safety standard under the Building Act .\n- (a) the construction or maintenance of barriers for a regulated pool; or\n- (b) a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\n- (a) must not amend the provision after the commencement; and\n- (b) must repeal the provision by 1 January 2017.\n- (a) the fencing for the pool;\n- (b) the walls of a building enclosing the pool;\n- (c) another form of barrier mentioned or provided for in the pool safety standard under the Building Act .","sortOrder":49},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Action by the Minister about particular local laws","content":"## Action by the Minister about particular local laws","sortOrder":50},{"sectionNumber":"sec.42","sectionType":"section","heading":"Suspending or revoking particular local laws","content":"### sec.42 Suspending or revoking particular local laws\n\nThis section applies if the Minister reasonably believes a local law—\nis contrary to any other law; or\nis inconsistent with the local government principles; or\ndoes not satisfactorily deal with the overall State interest.\nThe Minister, by gazette notice, may—\nsuspend the local law, for a specified period or indefinitely; or\nrevoke the local law.\nThe gazette notice must state—\nhow the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and\nif the local law has been suspended—how the local law may be amended so that it—\nis no longer contrary to the other law; or\nis no longer inconsistent with the local government principles; or\nsatisfactorily deals with the overall State interest.\nIf the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice.\nIf the Minister revokes the local law—\nthe local law stops having effect on the day specified in the gazette notice; or\nif no day is specified in the gazette notice—the local law is taken to never have had effect.\nThe State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.\nA decision of the Minister under this section is not subject to appeal.\nSee section 226 for more information.\ns 42 amd 2012 No. 33 s 16\n(sec.42-ssec.1) This section applies if the Minister reasonably believes a local law— is contrary to any other law; or is inconsistent with the local government principles; or does not satisfactorily deal with the overall State interest.\n(sec.42-ssec.2) The Minister, by gazette notice, may— suspend the local law, for a specified period or indefinitely; or revoke the local law.\n(sec.42-ssec.3) The gazette notice must state— how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and if the local law has been suspended—how the local law may be amended so that it— is no longer contrary to the other law; or is no longer inconsistent with the local government principles; or satisfactorily deals with the overall State interest.\n(sec.42-ssec.4) If the Minister suspends a local law, the local law stops having effect for the period specified in the gazette notice.\n(sec.42-ssec.5) If the Minister revokes the local law— the local law stops having effect on the day specified in the gazette notice; or if no day is specified in the gazette notice—the local law is taken to never have had effect.\n(sec.42-ssec.6) The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.\n(sec.42-ssec.7) A decision of the Minister under this section is not subject to appeal. See section 226 for more information.\n- (a) is contrary to any other law; or\n- (b) is inconsistent with the local government principles; or\n- (c) does not satisfactorily deal with the overall State interest.\n- (a) suspend the local law, for a specified period or indefinitely; or\n- (b) revoke the local law.\n- (a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and\n- (b) if the local law has been suspended—how the local law may be amended so that it— (i) is no longer contrary to the other law; or (ii) is no longer inconsistent with the local government principles; or (iii) satisfactorily deals with the overall State interest.\n- (i) is no longer contrary to the other law; or\n- (ii) is no longer inconsistent with the local government principles; or\n- (iii) satisfactorily deals with the overall State interest.\n- (i) is no longer contrary to the other law; or\n- (ii) is no longer inconsistent with the local government principles; or\n- (iii) satisfactorily deals with the overall State interest.\n- (a) the local law stops having effect on the day specified in the gazette notice; or\n- (b) if no day is specified in the gazette notice—the local law is taken to never have had effect.","sortOrder":51},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":52},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Local law about seizing and disposing of personal property","content":"### sec.42A Local law about seizing and disposing of personal property\n\nThis section applies if—\nthe council has made a local law about seizing and disposing of personal property; and\npersonal property is seized under the local law.\nIf the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order—\nin payment of the reasonable expenses incurred in selling or disposing of the property;\nin payment of the prescribed fee for seizing and holding the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to the owner of the property.\nA secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2) (a) or (b) .\nIn this section—\npersonal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\ns 42A ins 2010 No. 44 s 160\n(sec.42A-ssec.1) This section applies if— the council has made a local law about seizing and disposing of personal property; and personal property is seized under the local law.\n(sec.42A-ssec.2) If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order— in payment of the reasonable expenses incurred in selling or disposing of the property; in payment of the prescribed fee for seizing and holding the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the property.\n(sec.42A-ssec.3) A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2) (a) or (b) .\n(sec.42A-ssec.4) In this section— personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\n- (a) the council has made a local law about seizing and disposing of personal property; and\n- (b) personal property is seized under the local law.\n- (a) in payment of the reasonable expenses incurred in selling or disposing of the property;\n- (b) in payment of the prescribed fee for seizing and holding the property;\n- (c) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) the balance to the owner of the property.","sortOrder":53},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Owners’ liability for party houses","content":"### sec.42B Owners’ liability for party houses\n\nThe council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.\nThe owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.\nA residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.\nTo remove any doubt, it is declared that—\nthe local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and\na property is not precluded from being a residential property merely because the property is rented on a short-term basis.\nIn a proceeding about a contravention of the local law—\na noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and\na copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\nA noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) .\nDespite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.\nThe court may give leave only if the court is satisfied that—\nan irregularity may exist in relation to the information or the giving of the noise abatement direction; or\nit is in the interests of justice that the person be called to give evidence.\nThe chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane.\nThe police commissioner must comply with the request.\ns 42B ins 2012 No. 33 s 17\n(sec.42B-ssec.1) The council may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.\n(sec.42B-ssec.2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.\n(sec.42B-ssec.3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.\n(sec.42B-ssec.4) To remove any doubt, it is declared that— the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and a property is not precluded from being a residential property merely because the property is rented on a short-term basis.\n(sec.42B-ssec.5) In a proceeding about a contravention of the local law— a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\n(sec.42B-ssec.6) A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) .\n(sec.42B-ssec.7) Despite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.\n(sec.42B-ssec.8) The court may give leave only if the court is satisfied that— an irregularity may exist in relation to the information or the giving of the noise abatement direction; or it is in the interests of justice that the person be called to give evidence.\n(sec.42B-ssec.9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in Brisbane.\n(sec.42B-ssec.10) The police commissioner must comply with the request.\n- (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and\n- (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis.\n- (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and\n- (b) a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\n- (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or\n- (b) it is in the interests of justice that the person be called to give evidence.","sortOrder":54},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Beneficial enterprises and business activities","content":"# Beneficial enterprises and business activities","sortOrder":55},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Beneficial enterprises","content":"## Beneficial enterprises","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"What this division is about","content":"### sec.43 What this division is about\n\nThis division is about beneficial enterprises that are conducted by the council.\nThis division does not apply to a business unit of the council.\nA beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane.\nThe council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise.\n(sec.43-ssec.1) This division is about beneficial enterprises that are conducted by the council.\n(sec.43-ssec.2) This division does not apply to a business unit of the council.\n(sec.43-ssec.3) A beneficial enterprise is an enterprise that the council considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of Brisbane.\n(sec.43-ssec.4) The council is conducting a beneficial enterprise if the council is engaging in, or helping, the beneficial enterprise.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conducting beneficial enterprises","content":"### sec.44 Conducting beneficial enterprises\n\nThe council may conduct a beneficial enterprise.\nTo conduct the beneficial enterprise, the council—\nmay participate with an association; but\nmust not, either directly or by participating with an association, participate with an unlimited corporation.\nUnder the Statutory Bodies Financial Arrangements Act 1982 , the council may need the Treasurer’s approval before entering into particular financial arrangements.\nAn association is—\na partnership; or\na corporation limited by shares but not listed on a stock exchange; or\na corporation limited by guarantee but not listed on a stock exchange; or\nanother association of persons that is not a corporation.\nAn unlimited corporation means a corporation whose members have no limit placed on their liability.\nThe council participates with an association or unlimited corporation if the council—\nforms, or takes part in forming, an association or unlimited corporation; or\nbecomes a member of an association or unlimited corporation; or\ntakes part in the management of an association or unlimited corporation; or\nacquires or disposes of shares, debentures or securities of an association or unlimited corporation.\ns 44 sub 2012 No. 33 s 18\n(sec.44-ssec.1) The council may conduct a beneficial enterprise.\n(sec.44-ssec.2) To conduct the beneficial enterprise, the council— may participate with an association; but must not, either directly or by participating with an association, participate with an unlimited corporation. Under the Statutory Bodies Financial Arrangements Act 1982 , the council may need the Treasurer’s approval before entering into particular financial arrangements.\n(sec.44-ssec.3) An association is— a partnership; or a corporation limited by shares but not listed on a stock exchange; or a corporation limited by guarantee but not listed on a stock exchange; or another association of persons that is not a corporation.\n(sec.44-ssec.4) An unlimited corporation means a corporation whose members have no limit placed on their liability.\n(sec.44-ssec.5) The council participates with an association or unlimited corporation if the council— forms, or takes part in forming, an association or unlimited corporation; or becomes a member of an association or unlimited corporation; or takes part in the management of an association or unlimited corporation; or acquires or disposes of shares, debentures or securities of an association or unlimited corporation.\n- (a) may participate with an association; but\n- (b) must not, either directly or by participating with an association, participate with an unlimited corporation.\n- (a) a partnership; or\n- (b) a corporation limited by shares but not listed on a stock exchange; or\n- (c) a corporation limited by guarantee but not listed on a stock exchange; or\n- (d) another association of persons that is not a corporation.\n- (a) forms, or takes part in forming, an association or unlimited corporation; or\n- (b) becomes a member of an association or unlimited corporation; or\n- (c) takes part in the management of an association or unlimited corporation; or\n- (d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Identifying beneficial enterprises","content":"### sec.45 Identifying beneficial enterprises\n\nThe council’s annual report for each financial year must contain a list of all the beneficial enterprises that the council conducted during the financial year.\ns 45 sub 2012 No. 33 s 19","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2012 No. 33 s 20","sortOrder":60},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Business reform, including competitive neutrality","content":"## Business reform, including competitive neutrality","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"What this division is about","content":"### sec.47 What this division is about\n\nThis division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council.\nThis includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.\nUnder the competitive neutrality principle , an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.\nA significant business activity is a business activity of the council that—\nis conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and\nmeets the threshold prescribed under a regulation.\nHowever, a significant business activity does not include a business activity that is—\na building certifying activity; or\na roads activity; or\nrelated to the provision of library services.\nA building certifying activity or roads activity is dealt with under section 51 .\n(sec.47-ssec.1) This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of the council.\n(sec.47-ssec.2) This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.\n(sec.47-ssec.3) Under the competitive neutrality principle , an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.\n(sec.47-ssec.4) A significant business activity is a business activity of the council that— is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and meets the threshold prescribed under a regulation.\n(sec.47-ssec.5) However, a significant business activity does not include a business activity that is— a building certifying activity; or a roads activity; or related to the provision of library services. A building certifying activity or roads activity is dealt with under section 51 .\n- (a) is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and\n- (b) meets the threshold prescribed under a regulation.\n- (a) a building certifying activity; or\n- (b) a roads activity; or\n- (c) related to the provision of library services.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Ways to apply the competitive neutrality principle","content":"### sec.48 Ways to apply the competitive neutrality principle\n\nThe competitive neutrality principle may be applied by—\ncommercialisation of a significant business activity; or\nfull cost pricing of a significant business activity.\nCommercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis.\nFull cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.\nA regulation may provide for—\nmatters relating to commercialisation or full cost pricing; or\nany other matter relating to the application of the competitive neutrality principle to the significant business activities of the council.\ns 48 amd 2012 No. 33 s 21\n(sec.48-ssec.1) The competitive neutrality principle may be applied by— commercialisation of a significant business activity; or full cost pricing of a significant business activity.\n(sec.48-ssec.2) Commercialisation involves creating a new business unit, that is part of the council, to conduct the significant business activity on a commercial basis.\n(sec.48-ssec.3) Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.\n(sec.48-ssec.4) A regulation may provide for— matters relating to commercialisation or full cost pricing; or any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council.\n- (a) commercialisation of a significant business activity; or\n- (b) full cost pricing of a significant business activity.\n- (a) matters relating to commercialisation or full cost pricing; or\n- (b) any other matter relating to the application of the competitive neutrality principle to the significant business activities of the council.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Identifying significant business activities","content":"### sec.49 Identifying significant business activities\n\nThe council’s annual report for each financial year must—\ncontain a list of all the business activities that the council conducted during the financial year; and\nidentify the business activities that are significant business activities; and\nstate whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and\nstate whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.\n- (a) contain a list of all the business activities that the council conducted during the financial year; and\n- (b) identify the business activities that are significant business activities; and\n- (c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and\n- (d) state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Assessing public benefit","content":"### sec.50 Assessing public benefit\n\nThis section applies to a new significant business activity that is identified in the annual report of the council.\nThe council must conduct a public benefit assessment of the new significant business activity.\nA public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.\nThe council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.\nThe council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.\nAt a meeting of the council, the council must—\nconsider the report; and\ndecide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\nAny resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.\nIf the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision—\nconduct another public benefit assessment of the significant business activity; and\nrepeat the process relating to a report on the public benefit assessment.\ns 50 amd 2026 No. 5 s 5\n(sec.50-ssec.1) This section applies to a new significant business activity that is identified in the annual report of the council.\n(sec.50-ssec.2) The council must conduct a public benefit assessment of the new significant business activity.\n(sec.50-ssec.3) A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.\n(sec.50-ssec.4) The council must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.\n(sec.50-ssec.5) The council must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.\n(sec.50-ssec.6) At a meeting of the council, the council must— consider the report; and decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\n(sec.50-ssec.7) Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.\n(sec.50-ssec.8) If the council decides not to apply the competitive neutrality principle in relation to the significant business activity, the council must, within 3 years after making the decision— conduct another public benefit assessment of the significant business activity; and repeat the process relating to a report on the public benefit assessment.\n- (a) consider the report; and\n- (b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\n- (a) conduct another public benefit assessment of the significant business activity; and\n- (b) repeat the process relating to a report on the public benefit assessment.","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Code of competitive conduct","content":"### sec.51 Code of competitive conduct\n\nThis section is about the code of competitive conduct.\nThe code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act .\nThe council must apply the code of competitive conduct to the conduct of the following business activities of the council—\na building certifying activity;\na roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\nA building certifying activity is a business activity that—\ninvolves performing building certifying functions (within the meaning of the Building Act , section 10 ); and\nis prescribed under a regulation.\nA roads activity is a business activity (other than a business activity prescribed under a regulation) that involves—\nconstructing or maintaining a State-controlled road, that the State put out to competitive tender; or\nsubmitting a competitive tender in relation to—\nconstructing or maintaining a road in Brisbane, that the council put out to competitive tender; or\nconstructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\nThe council must start to apply the code of competitive conduct—\nfor a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or\nfor a roads activity—from when the roads activity is first conducted.\nThe council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.\nIf the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.\nSubsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities.\ns 51 amd 2013 No. 60 s 33 sch 1\n(sec.51-ssec.1) This section is about the code of competitive conduct.\n(sec.51-ssec.2) The code of competitive conduct is the code of competitive conduct prescribed under a regulation under the Local Government Act .\n(sec.51-ssec.3) The council must apply the code of competitive conduct to the conduct of the following business activities of the council— a building certifying activity; a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\n(sec.51-ssec.4) A building certifying activity is a business activity that— involves performing building certifying functions (within the meaning of the Building Act , section 10 ); and is prescribed under a regulation.\n(sec.51-ssec.5) A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves— constructing or maintaining a State-controlled road, that the State put out to competitive tender; or submitting a competitive tender in relation to— constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n(sec.51-ssec.6) The council must start to apply the code of competitive conduct— for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or for a roads activity—from when the roads activity is first conducted.\n(sec.51-ssec.7) The council must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.\n(sec.51-ssec.8) If the council decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.\n(sec.51-ssec.9) Subsection (7) does not prevent the council from applying the code of competitive conduct to any other business activities.\n- (a) a building certifying activity;\n- (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\n- (a) involves performing building certifying functions (within the meaning of the Building Act , section 10 ); and\n- (b) is prescribed under a regulation.\n- (a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or\n- (b) submitting a competitive tender in relation to— (i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or\n- (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (i) constructing or maintaining a road in Brisbane, that the council put out to competitive tender; or\n- (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or\n- (b) for a roads activity—from when the roads activity is first conducted.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Competitive neutrality complaints","content":"### sec.52 Competitive neutrality complaints\n\nThe council must adopt a process for resolving competitive neutrality complaints.\nA competitive neutrality complaint is a complaint that—\nrelates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and\nis made by an affected person.\nAn affected person is—\na person who—\ncompetes with the council in relation to the business activity; and\nclaims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or\na person who—\nwants to compete with the council in relation to the business activity; and\nclaims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.\nA regulation may provide for the process for resolving competitive neutrality complaints.\nThe council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.\n(sec.52-ssec.1) The council must adopt a process for resolving competitive neutrality complaints.\n(sec.52-ssec.2) A competitive neutrality complaint is a complaint that— relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and is made by an affected person.\n(sec.52-ssec.3) An affected person is— a person who— competes with the council in relation to the business activity; and claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or a person who— wants to compete with the council in relation to the business activity; and claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.\n(sec.52-ssec.4) A regulation may provide for the process for resolving competitive neutrality complaints.\n(sec.52-ssec.5) The council does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.\n- (a) relates to the failure of the council to conduct a business activity in accordance with the competitive neutrality principle; and\n- (b) is made by an affected person.\n- (a) a person who— (i) competes with the council in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or\n- (i) competes with the council in relation to the business activity; and\n- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or\n- (b) a person who— (i) wants to compete with the council in relation to the business activity; and (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.\n- (i) wants to compete with the council in relation to the business activity; and\n- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.\n- (i) competes with the council in relation to the business activity; and\n- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the council; or\n- (i) wants to compete with the council in relation to the business activity; and\n- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the council.","sortOrder":67},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2012 No. 33 s 22","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2012 No. 33 s 22","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2012 No. 33 s 22","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2012 No. 33 s 22","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2012 No. 33 s 22","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2012 No. 33 s 22","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2012 No. 33 s 22","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2012 No. 33 s 22","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2012 No. 33 s 22","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2012 No. 33 s 22","sortOrder":78},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":79},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 om 2012 No. 33 s 22","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2012 No. 33 s 22","sortOrder":81},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Roads and other infrastructure","content":"# Roads and other infrastructure","sortOrder":82},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Roads","content":"## Roads","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"What this division is about","content":"### sec.65 What this division is about\n\nThis division is about roads.\nA road is—\nan area of land that is dedicated to public use as a road; or\nan area of land that—\nis developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\nis open to, or used by, the public; or\na footpath or bicycle path; or\na bridge, culvert, ford, tunnel or viaduct.\nHowever, a road does not include—\na State-controlled road; or\na road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth) ; or\na public thoroughfare easement.\n(sec.65-ssec.1) This division is about roads.\n(sec.65-ssec.2) A road is— an area of land that is dedicated to public use as a road; or an area of land that— is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and is open to, or used by, the public; or a footpath or bicycle path; or a bridge, culvert, ford, tunnel or viaduct.\n(sec.65-ssec.3) However, a road does not include— a State-controlled road; or a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth) ; or a public thoroughfare easement.\n- (a) an area of land that is dedicated to public use as a road; or\n- (b) an area of land that— (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (ii) is open to, or used by, the public; or\n- (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\n- (ii) is open to, or used by, the public; or\n- (c) a footpath or bicycle path; or\n- (d) a bridge, culvert, ford, tunnel or viaduct.\n- (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\n- (ii) is open to, or used by, the public; or\n- (a) a State-controlled road; or\n- (b) a road, or that part of a road, within an airport site under the Airports Act 1996 (Cwlth) ; or\n- (c) a public thoroughfare easement.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Control of roads","content":"### sec.66 Control of roads\n\nThe council has control of all roads in Brisbane.\nThis control includes being able to—\nsurvey and resurvey roads; and\nconstruct, maintain and improve roads; and\napprove the naming and numbering of private roads; and\nname and number other roads; and\nmake a local law to regulate the use of roads, including—\nthe movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\nthe parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\nby imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\nmake a local law to regulate the construction, maintenance and use of—\npublic utilities along, in, over or under roads; and\nancillary works and encroachments along, in, over or under roads; and\nrealign a road in order to widen the road; and\nacquire land for use as a road.\nNothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road.\nA private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.\ns 66 amd 2012 No. 33 s 23\n(sec.66-ssec.1) The council has control of all roads in Brisbane.\n(sec.66-ssec.2) This control includes being able to— survey and resurvey roads; and construct, maintain and improve roads; and approve the naming and numbering of private roads; and name and number other roads; and make a local law to regulate the use of roads, including— the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and make a local law to regulate the construction, maintenance and use of— public utilities along, in, over or under roads; and ancillary works and encroachments along, in, over or under roads; and realign a road in order to widen the road; and acquire land for use as a road.\n(sec.66-ssec.3) Nothing in subsection (1) makes the council liable for the construction, maintenance or improvement of a private road.\n(sec.66-ssec.4) A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.\n- (a) survey and resurvey roads; and\n- (b) construct, maintain and improve roads; and\n- (c) approve the naming and numbering of private roads; and\n- (d) name and number other roads; and\n- (e) make a local law to regulate the use of roads, including— (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\n- (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\n- (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (f) make a local law to regulate the construction, maintenance and use of— (i) public utilities along, in, over or under roads; and (ii) ancillary works and encroachments along, in, over or under roads; and\n- (i) public utilities along, in, over or under roads; and\n- (ii) ancillary works and encroachments along, in, over or under roads; and\n- (g) realign a road in order to widen the road; and\n- (h) acquire land for use as a road.\n- (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\n- (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\n- (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (i) public utilities along, in, over or under roads; and\n- (ii) ancillary works and encroachments along, in, over or under roads; and","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Notice of intention to acquire land to widen a road","content":"### sec.67 Notice of intention to acquire land to widen a road\n\nIf the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land.\nA notice of intention to acquire land informs the owner in general terms of this section and section 68 .\nHowever, the council can not, without the consent of the Planning and Environment Court, serve a notice of intention to acquire land on an owner of land after the owner has applied to the council—\nfor approval to subdivide the land; or\nfor approval, consent or permission—\nto erect or use a structure on the land; or\nto use the land for any other purpose.\nThe court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road.\nAfter the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council’s permission.\nThe council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.\nThe registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.\ns 67 amd 2012 No. 33 s 24\n(sec.67-ssec.1) If the council wants to acquire land in order to widen a road, the council must give the owner of the land a notice of intention to acquire land.\n(sec.67-ssec.2) A notice of intention to acquire land informs the owner in general terms of this section and section 68 .\n(sec.67-ssec.3) However, the council can not, without the consent of the Planning and Environment Court, serve a notice of intention to acquire land on an owner of land after the owner has applied to the council— for approval to subdivide the land; or for approval, consent or permission— to erect or use a structure on the land; or to use the land for any other purpose.\n(sec.67-ssec.4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the council to make, in good faith, a reasonable widening of the road.\n(sec.67-ssec.5) After the council gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the council’s permission.\n(sec.67-ssec.6) The council must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.\n(sec.67-ssec.7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.\n- (a) for approval to subdivide the land; or\n- (b) for approval, consent or permission— (i) to erect or use a structure on the land; or (ii) to use the land for any other purpose.\n- (i) to erect or use a structure on the land; or\n- (ii) to use the land for any other purpose.\n- (i) to erect or use a structure on the land; or\n- (ii) to use the land for any other purpose.","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Compensation for a notice of intention to acquire land","content":"### sec.68 Compensation for a notice of intention to acquire land\n\nThis section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.\nThe person is entitled to compensation from the council for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.\nHowever, the compensation is not payable until—\nthe land is sold for the first time after the notice of intention to acquire land was served; or\nafter being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\nThe compensation must be assessed in accordance with the following principles—\nthe amount of compensation must represent the difference between—\nthe market value of the interest in the land immediately after service of the notice of intention to acquire land; and\nwhat would be the market value of the interest in the land, at that time, if the notice had not been served;\nany benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;\nthe amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\nA claim for compensation must be made—\nwithin 3 years after the entitlement to compensation arose; and\nto the chief executive officer in the approved form.\nThe claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim.\nIf, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made.\n(sec.68-ssec.1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.\n(sec.68-ssec.2) The person is entitled to compensation from the council for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.\n(sec.68-ssec.3) However, the compensation is not payable until— the land is sold for the first time after the notice of intention to acquire land was served; or after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\n(sec.68-ssec.4) The compensation must be assessed in accordance with the following principles— the amount of compensation must represent the difference between— the market value of the interest in the land immediately after service of the notice of intention to acquire land; and what would be the market value of the interest in the land, at that time, if the notice had not been served; any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\n(sec.68-ssec.5) A claim for compensation must be made— within 3 years after the entitlement to compensation arose; and to the chief executive officer in the approved form.\n(sec.68-ssec.6) The claim is taken to have been properly made when the claimant has given the council all the information that the council reasonably requires to decide the claim.\n(sec.68-ssec.7) If, within 30 days after the claim is made, the council has not given the claimant written notice of its decision on the claim, the council is taken to have refused compensation on the 31st day after the claim is made.\n- (a) the land is sold for the first time after the notice of intention to acquire land was served; or\n- (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\n- (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and\n- (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;\n- (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\n- (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and\n- (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (a) within 3 years after the entitlement to compensation arose; and\n- (b) to the chief executive officer in the approved form.","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Appeal on a claim for compensation","content":"### sec.69 Appeal on a claim for compensation\n\nA person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Land Court.\nThe appeal must be started within 30 days after—\nnotice of the decision is given to the claimant; or\nthe decision is taken to have been made.\nHowever, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so.\nIn order to award compensation, the Land Court must be satisfied—\nif the land has been sold—\nthe seller took reasonable steps to obtain a reasonable price for the land; and\nthe seller sold the land in good faith; and\nthe sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\nif the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\ns 69 amd 2012 No. 33 s 25\n(sec.69-ssec.1) A person who is aggrieved by the decision of the council on a claim for compensation may appeal against the decision to the Land Court.\n(sec.69-ssec.2) The appeal must be started within 30 days after— notice of the decision is given to the claimant; or the decision is taken to have been made.\n(sec.69-ssec.3) However, the Land Court may extend the period mentioned in subsection (2) if satisfied in all the circumstances that it is reasonable to do so.\n(sec.69-ssec.4) In order to award compensation, the Land Court must be satisfied— if the land has been sold— the seller took reasonable steps to obtain a reasonable price for the land; and the seller sold the land in good faith; and the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\n- (a) notice of the decision is given to the claimant; or\n- (b) the decision is taken to have been made.\n- (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\n- (i) the seller took reasonable steps to obtain a reasonable price for the land; and\n- (ii) the seller sold the land in good faith; and\n- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\n- (b) if the council refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\n- (i) the seller took reasonable steps to obtain a reasonable price for the land; and\n- (ii) the seller sold the land in good faith; and\n- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Acquisition of land instead of compensation","content":"### sec.70 Acquisition of land instead of compensation\n\nAfter a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection.\nIf, after a notice of intention to acquire land is served, the land is cleared of all structures—\nthe council may acquire the land; and\nif required by the owner of the land, the council must acquire the land.\nThe acquired land must be dedicated for public use as a road within 3 months after its acquisition.\nCompensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.\n(sec.70-ssec.1) After a notice of intention to acquire land is served, but before the land is sold, the council may acquire the land instead of paying compensation for injurious affection.\n(sec.70-ssec.2) If, after a notice of intention to acquire land is served, the land is cleared of all structures— the council may acquire the land; and if required by the owner of the land, the council must acquire the land.\n(sec.70-ssec.3) The acquired land must be dedicated for public use as a road within 3 months after its acquisition.\n(sec.70-ssec.4) Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.\n- (a) the council may acquire the land; and\n- (b) if required by the owner of the land, the council must acquire the land.","sortOrder":89},{"sectionNumber":"sec.71","sectionType":"section","heading":"What is to happen if a realignment is not carried out","content":"### sec.71 What is to happen if a realignment is not carried out\n\nThis section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.\nThis section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.\nThe council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.\nWith regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must—\nfor any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and\nfor any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.\nThe notice of the council’s decision must inform the owners in general terms of this section and section 72 .\n(sec.71-ssec.1) This section applies if the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.\n(sec.71-ssec.2) This section does not apply to a realignment of road that is necessary to comply with the requirements of the council under a planning scheme in its application to particular developments in Brisbane.\n(sec.71-ssec.3) The council must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.\n(sec.71-ssec.4) With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the council must— for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.\n(sec.71-ssec.5) The notice of the council’s decision must inform the owners in general terms of this section and section 72 .\n- (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and\n- (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.","sortOrder":90},{"sectionNumber":"sec.72","sectionType":"section","heading":"Compensation if realignment not carried out","content":"### sec.72 Compensation if realignment not carried out\n\nThis section applies if—\nthe council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and\nstructural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.\nThe council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.\nThe amount of compensation is the difference between the value of the land before and after the decision.\nIf the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.\nThe provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.\nThe council’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.\ns 72 amd 2012 No. 33 s 26\n(sec.72-ssec.1) This section applies if— the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.\n(sec.72-ssec.2) The council must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.\n(sec.72-ssec.3) The amount of compensation is the difference between the value of the land before and after the decision.\n(sec.72-ssec.4) If the council and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.\n(sec.72-ssec.5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.\n(sec.72-ssec.6) The council’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.\n- (a) the council decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and\n- (b) structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.","sortOrder":91},{"sectionNumber":"sec.73","sectionType":"section","heading":"Acquiring land for use as a footpath","content":"### sec.73 Acquiring land for use as a footpath\n\nThe council may acquire land that adjoins a road for use as a footpath.\nThe acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate—\na right to the ownership, possession, occupation and use of any existing structure, room or cellar—\nat a specified height above the level of the new footpath; or\nat a specified depth below the level of the new footpath;\na right—\nto erect a structure (in accordance with law) at a specified height above the new footpath; and\nto the ownership, possession, occupation and use of the structure;\na right of support for a structure mentioned in paragraph (a) or (b) .\nThe right mentioned in subsection (2) (a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.\n(sec.73-ssec.1) The council may acquire land that adjoins a road for use as a footpath.\n(sec.73-ssec.2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the council decides (at or before the acquisition) is appropriate— a right to the ownership, possession, occupation and use of any existing structure, room or cellar— at a specified height above the level of the new footpath; or at a specified depth below the level of the new footpath; a right— to erect a structure (in accordance with law) at a specified height above the new footpath; and to the ownership, possession, occupation and use of the structure; a right of support for a structure mentioned in paragraph (a) or (b) .\n(sec.73-ssec.3) The right mentioned in subsection (2) (a) is subject to the council’s right to enter, and make structural alterations to, the structure, room or cellar that the council considers necessary.\n- (a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or (ii) at a specified depth below the level of the new footpath;\n- (i) at a specified height above the level of the new footpath; or\n- (ii) at a specified depth below the level of the new footpath;\n- (b) a right— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure;\n- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and\n- (ii) to the ownership, possession, occupation and use of the structure;\n- (c) a right of support for a structure mentioned in paragraph (a) or (b) .\n- (i) at a specified height above the level of the new footpath; or\n- (ii) at a specified depth below the level of the new footpath;\n- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and\n- (ii) to the ownership, possession, occupation and use of the structure;","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice to the council of opening or closing of roads","content":"### sec.74 Notice to the council of opening or closing of roads\n\nThis section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council.\nThe Land Act Minister, or the applicant for the application, must give written notice of the application to the council.\nThe Land Act Minister is the Minister administering the Land Act .\nThe notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road.\nAn objection must fully state the reasons for the objection.\nThe Land Act Minister must have regard to any objections properly made by the council.\nIf the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council—\nof the decision; and\nif the decision is contrary to the council’s objection, the reasons for the decision.\n(sec.74-ssec.1) This section applies if an application is made under the Land Act for the opening or closing of a road in Brisbane by someone other than the council.\n(sec.74-ssec.2) The Land Act Minister, or the applicant for the application, must give written notice of the application to the council.\n(sec.74-ssec.3) The Land Act Minister is the Minister administering the Land Act .\n(sec.74-ssec.4) The notice must specify a date (no earlier than 1 month or later than 2 months after the council is given the notice) on or before which the council may object to the opening or closing of the road.\n(sec.74-ssec.5) An objection must fully state the reasons for the objection.\n(sec.74-ssec.6) The Land Act Minister must have regard to any objections properly made by the council.\n(sec.74-ssec.7) If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give written notice to the council— of the decision; and if the decision is contrary to the council’s objection, the reasons for the decision.\n- (a) of the decision; and\n- (b) if the decision is contrary to the council’s objection, the reasons for the decision.","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Closing roads","content":"### sec.75 Closing roads\n\nThe council may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.\nAlso, the council may close a road to all traffic, or traffic of a particular class—\nduring a temporary obstruction to traffic; or\nif it is in the interests of public safety; or\nif it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).\nThe council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example).\nThe council may do everything necessary to stop traffic using the road after it is closed.\nIf a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate.\ns 75 amd 2012 No. 33 s 27\n(sec.75-ssec.1) The council may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.\n(sec.75-ssec.2) Also, the council may close a road to all traffic, or traffic of a particular class— during a temporary obstruction to traffic; or if it is in the interests of public safety; or if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).\n(sec.75-ssec.3) The council must publish notice of the closing of the road, in the way that the council considers appropriate (including on its website, for example).\n(sec.75-ssec.4) The council may do everything necessary to stop traffic using the road after it is closed.\n(sec.75-ssec.5) If a road is closed to traffic for a temporary purpose, the council may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the council considers appropriate.\n- (a) during a temporary obstruction to traffic; or\n- (b) if it is in the interests of public safety; or\n- (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).","sortOrder":94},{"sectionNumber":"sec.76","sectionType":"section","heading":"Temporary roads","content":"### sec.76 Temporary roads\n\nThis section applies if—\nthe council wants to remake or repair a road; and\nit is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.\nThe council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.\nHowever, a council employee or contractor may enter the land only if—\nthe owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or\nthe council has given the owner or occupier of the land at least 3 days written notice that states—\nthe nature of the road works that are to be conducted; and\nthe proposed route of the temporary road; and\nan approximate period when the temporary road is expected to remain on the land.\nSubsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3) (b) .\nThe owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section.\nCompensation is not payable unless the chief executive officer receives the claim—\nwithin 1 year after the occupation or use has ended; or\nat a later time allowed by the chief executive officer.\nThe compensation equals—\nthe amount agreed between the person and the council; or\nif the person and the council can not agree, the amount that is decided by a court.\nHowever, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.\n(sec.76-ssec.1) This section applies if— the council wants to remake or repair a road; and it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.\n(sec.76-ssec.2) The council may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.\n(sec.76-ssec.3) However, a council employee or contractor may enter the land only if— the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or the council has given the owner or occupier of the land at least 3 days written notice that states— the nature of the road works that are to be conducted; and the proposed route of the temporary road; and an approximate period when the temporary road is expected to remain on the land.\n(sec.76-ssec.4) Subsection (3) does not apply if the road works must be urgently conducted, but the council must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3) (b) .\n(sec.76-ssec.5) The owner of the land may give the chief executive officer a written notice that claims compensation for physical damage caused by the council entering, occupying or using the land under this section.\n(sec.76-ssec.6) Compensation is not payable unless the chief executive officer receives the claim— within 1 year after the occupation or use has ended; or at a later time allowed by the chief executive officer.\n(sec.76-ssec.7) The compensation equals— the amount agreed between the person and the council; or if the person and the council can not agree, the amount that is decided by a court.\n(sec.76-ssec.8) However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.\n- (a) the council wants to remake or repair a road; and\n- (b) it is not reasonably practicable to temporarily close the road to traffic while the road works are conducted.\n- (a) the owner or occupier of the land has agreed, in writing that the council employee or contractor may enter the land; or\n- (b) the council has given the owner or occupier of the land at least 3 days written notice that states— (i) the nature of the road works that are to be conducted; and (ii) the proposed route of the temporary road; and (iii) an approximate period when the temporary road is expected to remain on the land.\n- (i) the nature of the road works that are to be conducted; and\n- (ii) the proposed route of the temporary road; and\n- (iii) an approximate period when the temporary road is expected to remain on the land.\n- (i) the nature of the road works that are to be conducted; and\n- (ii) the proposed route of the temporary road; and\n- (iii) an approximate period when the temporary road is expected to remain on the land.\n- (a) within 1 year after the occupation or use has ended; or\n- (b) at a later time allowed by the chief executive officer.\n- (a) the amount agreed between the person and the council; or\n- (b) if the person and the council can not agree, the amount that is decided by a court.","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"The Brisbane River","content":"### sec.77 The Brisbane River\n\nThis section is about roads that are over, under, on or in the Brisbane River ( river crossings ).\nFor this section, the Brisbane River is any part of the Brisbane River that is not within the local government area of another local government.\nThe council may—\nsurvey and resurvey river crossings; and\nconstruct, maintain and improve river crossings; and\nname and number river crossings.\nSubject to any restrictions prescribed under a regulation—\nlocal laws apply to a river crossing as if all of the crossing were within Brisbane; and\nall a river crossing is taken, for the purpose of any Act, to be a road within Brisbane.\n(sec.77-ssec.1) This section is about roads that are over, under, on or in the Brisbane River ( river crossings ).\n(sec.77-ssec.2) For this section, the Brisbane River is any part of the Brisbane River that is not within the local government area of another local government.\n(sec.77-ssec.3) The council may— survey and resurvey river crossings; and construct, maintain and improve river crossings; and name and number river crossings.\n(sec.77-ssec.4) Subject to any restrictions prescribed under a regulation— local laws apply to a river crossing as if all of the crossing were within Brisbane; and all a river crossing is taken, for the purpose of any Act, to be a road within Brisbane.\n- (a) survey and resurvey river crossings; and\n- (b) construct, maintain and improve river crossings; and\n- (c) name and number river crossings.\n- (a) local laws apply to a river crossing as if all of the crossing were within Brisbane; and\n- (b) all a river crossing is taken, for the purpose of any Act, to be a road within Brisbane.","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Road levels","content":"### sec.78 Road levels\n\nThe owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.\nIf the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.\nIf—\nafter the council has fixed the permanent level of a road, the council changes the level of the road; and\nthe owner or occupier of land that adjoins the road is injuriously affected by the change;\nthe council must pay the owner or occupier, or their successor in title, compensation.\nThe compensation equals—\nthe amount that is agreed between the owner or occupier, or their successor in title, and the council; or\nif the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.\n(sec.78-ssec.1) The owner or occupier of land that adjoins a road may give written notice to the council requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.\n(sec.78-ssec.2) If the council has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the council is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.\n(sec.78-ssec.3) If— after the council has fixed the permanent level of a road, the council changes the level of the road; and the owner or occupier of land that adjoins the road is injuriously affected by the change; the council must pay the owner or occupier, or their successor in title, compensation.\n(sec.78-ssec.4) The compensation equals— the amount that is agreed between the owner or occupier, or their successor in title, and the council; or if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.\n- (a) after the council has fixed the permanent level of a road, the council changes the level of the road; and\n- (b) the owner or occupier of land that adjoins the road is injuriously affected by the change;\n- (a) the amount that is agreed between the owner or occupier, or their successor in title, and the council; or\n- (b) if the owner or occupier, or their successor in title, and the council can not agree—the amount that is decided by the Planning and Environment Court.","sortOrder":97},{"sectionNumber":"sec.79","sectionType":"section","heading":"Assessment of impacts on roads from certain activities","content":"### sec.79 Assessment of impacts on roads from certain activities\n\nThis section applies if—\na regulation prescribes an activity for this section; and\nthe council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and\nthe activity is not for—\na coordinated project under the State Development and Public Works Organisation Act 1971 ; or\ndevelopment categorised under the council’s planning scheme as assessable development for the Planning Act ; or\na road being built under the Land Act , section 110 .\nThe council may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the council to assess the impact of the activity on the road.\nAfter assessing the impact of the activity on the road, the council may decide to do 1 or more of the following—\ngive the entity a direction about the use of the road to lessen the impact;\nrequire the entity—\nto carry out works to lessen the impact; or\nto pay an amount as compensation for the impact.\nThe council may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\nThe amount of compensation is a debt payable to the council and may be recovered in a court.\nA regulation for this section—\nmust contain a process under which the council’s decision may be reviewed; and\nmay contain a process for enforcing the decision.\ns 79 amd 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 130\n(sec.79-ssec.1) This section applies if— a regulation prescribes an activity for this section; and the council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and the activity is not for— a coordinated project under the State Development and Public Works Organisation Act 1971 ; or development categorised under the council’s planning scheme as assessable development for the Planning Act ; or a road being built under the Land Act , section 110 .\n(sec.79-ssec.2) The council may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the council to assess the impact of the activity on the road.\n(sec.79-ssec.3) After assessing the impact of the activity on the road, the council may decide to do 1 or more of the following— give the entity a direction about the use of the road to lessen the impact; require the entity— to carry out works to lessen the impact; or to pay an amount as compensation for the impact.\n(sec.79-ssec.4) The council may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\n(sec.79-ssec.5) The amount of compensation is a debt payable to the council and may be recovered in a court.\n(sec.79-ssec.6) A regulation for this section— must contain a process under which the council’s decision may be reviewed; and may contain a process for enforcing the decision.\n- (a) a regulation prescribes an activity for this section; and\n- (b) the council considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in Brisbane; and\n- (c) the activity is not for— (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or (ii) development categorised under the council’s planning scheme as assessable development for the Planning Act ; or (iii) a road being built under the Land Act , section 110 .\n- (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under the council’s planning scheme as assessable development for the Planning Act ; or\n- (iii) a road being built under the Land Act , section 110 .\n- (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under the council’s planning scheme as assessable development for the Planning Act ; or\n- (iii) a road being built under the Land Act , section 110 .\n- (a) give the entity a direction about the use of the road to lessen the impact;\n- (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (a) must contain a process under which the council’s decision may be reviewed; and\n- (b) may contain a process for enforcing the decision.","sortOrder":98},{"sectionNumber":"sec.80","sectionType":"section","heading":"Categorisation of roads","content":"### sec.80 Categorisation of roads\n\nThe council must categorise the roads in Brisbane according to the surface of the road.","sortOrder":99},{"sectionNumber":"sec.81","sectionType":"section","heading":"Roads map and register","content":"### sec.81 Roads map and register\n\nThe council must prepare and keep up to date—\na map of every road, including private roads, in Brisbane; and\na register of the roads that shows—\nthe category of every road; and\nthe level of every road that has a fixed level; and\nother particulars prescribed under a regulation.\nThe register of roads may also show other particulars that the council considers appropriate.\nThe council must ensure the public may view the map and register at its public office or on its website.\nOn application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain—\na copy of a map or register of roads; or\na certificate signed by an employee of the council who is authorised for the purpose—\nabout the category, alignment and levels of roads in Brisbane; or\nabout the fact that the alignment or level of a road in Brisbane has not been fixed.\n(sec.81-ssec.1) The council must prepare and keep up to date— a map of every road, including private roads, in Brisbane; and a register of the roads that shows— the category of every road; and the level of every road that has a fixed level; and other particulars prescribed under a regulation.\n(sec.81-ssec.2) The register of roads may also show other particulars that the council considers appropriate.\n(sec.81-ssec.3) The council must ensure the public may view the map and register at its public office or on its website.\n(sec.81-ssec.4) On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain— a copy of a map or register of roads; or a certificate signed by an employee of the council who is authorised for the purpose— about the category, alignment and levels of roads in Brisbane; or about the fact that the alignment or level of a road in Brisbane has not been fixed.\n- (a) a map of every road, including private roads, in Brisbane; and\n- (b) a register of the roads that shows— (i) the category of every road; and (ii) the level of every road that has a fixed level; and (iii) other particulars prescribed under a regulation.\n- (i) the category of every road; and\n- (ii) the level of every road that has a fixed level; and\n- (iii) other particulars prescribed under a regulation.\n- (i) the category of every road; and\n- (ii) the level of every road that has a fixed level; and\n- (iii) other particulars prescribed under a regulation.\n- (a) a copy of a map or register of roads; or\n- (b) a certificate signed by an employee of the council who is authorised for the purpose— (i) about the category, alignment and levels of roads in Brisbane; or (ii) about the fact that the alignment or level of a road in Brisbane has not been fixed.\n- (i) about the category, alignment and levels of roads in Brisbane; or\n- (ii) about the fact that the alignment or level of a road in Brisbane has not been fixed.\n- (i) about the category, alignment and levels of roads in Brisbane; or\n- (ii) about the fact that the alignment or level of a road in Brisbane has not been fixed.","sortOrder":100},{"sectionNumber":"sec.82","sectionType":"section","heading":"Unauthorised works on roads","content":"### sec.82 Unauthorised works on roads\n\nThis section applies to a road in Brisbane.\nA person must not, without lawful excuse (including under another Act, for example), or the written approval of the council—\ncarry out works on a road; or\ninterfere with a road or its operation.\nMaximum penalty—200 penalty units.\nWorks do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.\nAn approval may be subject to the conditions decided by the council.\nA person must not contravene a condition that applies to the person under subsection (4) .\nMaximum penalty—40 penalty units.\nIf a person carries out works in contravention of this section, the council may—\ndismantle or alter the works; or\nfix any damage caused by the works.\nIf the council dismantles or alters the works, or fixes any damage caused by the works, the person must pay the council the reasonable costs incurred by the council in doing so.\n(sec.82-ssec.1) This section applies to a road in Brisbane.\n(sec.82-ssec.2) A person must not, without lawful excuse (including under another Act, for example), or the written approval of the council— carry out works on a road; or interfere with a road or its operation. Maximum penalty—200 penalty units.\n(sec.82-ssec.3) Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.\n(sec.82-ssec.4) An approval may be subject to the conditions decided by the council.\n(sec.82-ssec.5) A person must not contravene a condition that applies to the person under subsection (4) . Maximum penalty—40 penalty units.\n(sec.82-ssec.6) If a person carries out works in contravention of this section, the council may— dismantle or alter the works; or fix any damage caused by the works.\n(sec.82-ssec.7) If the council dismantles or alters the works, or fixes any damage caused by the works, the person must pay the council the reasonable costs incurred by the council in doing so.\n- (a) carry out works on a road; or\n- (b) interfere with a road or its operation.\n- (a) dismantle or alter the works; or\n- (b) fix any damage caused by the works.","sortOrder":101},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Stormwater drains","content":"## Stormwater drains","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"What this division is about","content":"### sec.83 What this division is about\n\nThis division is about stormwater drains and stormwater installations.\nA stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.\nA stormwater installation for a property—\nis any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but\ndoes not include any part of a council stormwater drain.\n(sec.83-ssec.1) This division is about stormwater drains and stormwater installations.\n(sec.83-ssec.2) A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.\n(sec.83-ssec.3) A stormwater installation for a property— is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but does not include any part of a council stormwater drain.\n- (a) is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but\n- (b) does not include any part of a council stormwater drain.","sortOrder":103},{"sectionNumber":"sec.84","sectionType":"section","heading":"Connecting stormwater installation to stormwater drain","content":"### sec.84 Connecting stormwater installation to stormwater drain\n\nThe council may, by written notice, require the owner of a property to connect a stormwater installation for the property to a council stormwater drain in the way, under the conditions and within the time stated in the notice.\nThe way, condition and time stated in the notice must be reasonable in the circumstances.\nA person must not connect a stormwater installation for a property to a council stormwater drain unless—\nthe council has required the owner of the property to do so by a written notice under subsection (1) ; or\nthe council has given its approval for the connection.\nMaximum penalty—165 penalty units.\nThe council may impose conditions on its approval for the connection, including conditions about the way the connection must be made.\nIf a person connects a stormwater installation under a requirement or approval of the council, the person must comply with the requirement or approval, unless the owner has a reasonable excuse.\nMaximum penalty—165 penalty units.\nThis section does not apply to a stormwater installation for a property that is an airport site under the Airports Act 1996 (Cwlth) .\n(sec.84-ssec.1) The council may, by written notice, require the owner of a property to connect a stormwater installation for the property to a council stormwater drain in the way, under the conditions and within the time stated in the notice.\n(sec.84-ssec.2) The way, condition and time stated in the notice must be reasonable in the circumstances.\n(sec.84-ssec.3) A person must not connect a stormwater installation for a property to a council stormwater drain unless— the council has required the owner of the property to do so by a written notice under subsection (1) ; or the council has given its approval for the connection. Maximum penalty—165 penalty units.\n(sec.84-ssec.4) The council may impose conditions on its approval for the connection, including conditions about the way the connection must be made.\n(sec.84-ssec.5) If a person connects a stormwater installation under a requirement or approval of the council, the person must comply with the requirement or approval, unless the owner has a reasonable excuse. Maximum penalty—165 penalty units.\n(sec.84-ssec.6) This section does not apply to a stormwater installation for a property that is an airport site under the Airports Act 1996 (Cwlth) .\n- (a) the council has required the owner of the property to do so by a written notice under subsection (1) ; or\n- (b) the council has given its approval for the connection.","sortOrder":104},{"sectionNumber":"sec.85","sectionType":"section","heading":"No connecting sewerage to stormwater drain","content":"### sec.85 No connecting sewerage to stormwater drain\n\nThe owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of—\nthe stormwater installation for the property; or\na council stormwater drain.\nMaximum penalty—165 penalty units.\nA sewerage installation is any of the following—\nan on-site sewage facility within the meaning given in the Plumbing and Drainage Act ;\na sewer for a property or building unit;\nsanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;\nsanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges—\nfrom fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\nfrom sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\ndisconnector gullies\nbends at the foot of stacks or below ground level\npipes above ground level that are installed using drainage principles\nfor an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\nThe owner of a property who becomes aware that the sewerage installation for the property is connected to any part of—\nthe stormwater installation for the property; or\na stormwater drain of the council;\nmust, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain.\nMaximum penalty—165 penalty units.\nIf the sewerage installation for property is connected to any part of—\nthe stormwater installation on the property; or\na stormwater drain of the council;\nthe council may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.\nThe time stated in the notice must—\nbe a time that is reasonable in the circumstances; and\nbe at least 1 month after the notice is given to the owner.\nHowever, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice—\nis required to stop a serious health risk continuing; or\nrelates to a connection that is causing damage to the council stormwater drain.\nThe work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example—\nwork to remedy a contravention of this Act; or\nwork to disconnect something that was connected to a stormwater drain without the council’s approval.\nThe owner must comply with the notice, unless the owner has a reasonable excuse.\nMaximum penalty for subsection (8) —165 penalty units.\ns 85 amd 2018 No. 17 s 197 sch 2\n(sec.85-ssec.1) The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of— the stormwater installation for the property; or a council stormwater drain. Maximum penalty—165 penalty units.\n(sec.85-ssec.2) A sewerage installation is any of the following— an on-site sewage facility within the meaning given in the Plumbing and Drainage Act ; a sewer for a property or building unit; sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain; sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system. disconnector gullies bends at the foot of stacks or below ground level pipes above ground level that are installed using drainage principles for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n(sec.85-ssec.3) The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of— the stormwater installation for the property; or a stormwater drain of the council; must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain. Maximum penalty—165 penalty units.\n(sec.85-ssec.4) If the sewerage installation for property is connected to any part of— the stormwater installation on the property; or a stormwater drain of the council; the council may, by written notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.\n(sec.85-ssec.5) The time stated in the notice must— be a time that is reasonable in the circumstances; and be at least 1 month after the notice is given to the owner.\n(sec.85-ssec.6) However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice— is required to stop a serious health risk continuing; or relates to a connection that is causing damage to the council stormwater drain.\n(sec.85-ssec.7) The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example— work to remedy a contravention of this Act; or work to disconnect something that was connected to a stormwater drain without the council’s approval.\n(sec.85-ssec.8) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (8) —165 penalty units.\n- (a) the stormwater installation for the property; or\n- (b) a council stormwater drain.\n- (a) an on-site sewage facility within the meaning given in the Plumbing and Drainage Act ;\n- (b) a sewer for a property or building unit;\n- (c) sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;\n- (d) sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system. Examples of apparatus, fittings or pipes for sanitary drainage— • disconnector gullies • bends at the foot of stacks or below ground level • pipes above ground level that are installed using drainage principles • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\n- (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\n- • disconnector gullies\n- • bends at the foot of stacks or below ground level\n- • pipes above ground level that are installed using drainage principles\n- • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\n- (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\n- • disconnector gullies\n- • bends at the foot of stacks or below ground level\n- • pipes above ground level that are installed using drainage principles\n- • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (a) the stormwater installation for the property; or\n- (b) a stormwater drain of the council;\n- (a) the stormwater installation on the property; or\n- (b) a stormwater drain of the council;\n- (a) be a time that is reasonable in the circumstances; and\n- (b) be at least 1 month after the notice is given to the owner.\n- (a) is required to stop a serious health risk continuing; or\n- (b) relates to a connection that is causing damage to the council stormwater drain.\n- (a) work to remedy a contravention of this Act; or\n- (b) work to disconnect something that was connected to a stormwater drain without the council’s approval.","sortOrder":105},{"sectionNumber":"sec.86","sectionType":"section","heading":"No trade waste or prohibited substances in stormwater drain","content":"### sec.86 No trade waste or prohibited substances in stormwater drain\n\nA person must not put trade waste into a stormwater drain.\nMaximum penalty—1,000 penalty units.\nTrade waste is waterborne waste from business, trade or manufacturing property, other than—\nstormwater; and\na prohibited substance.\nA person must not put a prohibited substance into a stormwater drain.\nMaximum penalty—1,000 penalty units.\nA prohibited substance is—\na solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or\nash, cinders, mud, sand, shavings and straw\nglass, metal and plastics\ncups, milk containers and paper and plastic dishes\nfeathers, rags, tar and wood\nhair and entrails, paunch manure and whole blood\ngrease and oil\ncement-laden wastewater including wash down from exposed aggregate concrete surfaces\na flammable or explosive solid, liquid or gaseous substance; or\nsewage, including human waste; or\na substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of—\ninhibiting or interfering with the stormwater drain; or\ncausing damage or a hazard to the stormwater drain; or\ncausing a hazard for humans or animals; or\ncreating a public nuisance; or\ncreating a hazard in waters; or\ncontaminating the environment in places where stormwater is discharged or reused; or\na substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\na substance that has a temperature of more than—\nif the council has approved a maximum temperature for the substance—the approved maximum temperature; or\notherwise—38ºC.\nIf—\na person puts a prohibited substance in a council stormwater drain; and\nthe prohibited substance causes damage to the stormwater drain;\nthe council may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.\nThe costs for the work are in addition to any penalty imposed for the offence.\n(sec.86-ssec.1) A person must not put trade waste into a stormwater drain. Maximum penalty—1,000 penalty units.\n(sec.86-ssec.2) Trade waste is waterborne waste from business, trade or manufacturing property, other than— stormwater; and a prohibited substance.\n(sec.86-ssec.3) A person must not put a prohibited substance into a stormwater drain. Maximum penalty—1,000 penalty units.\n(sec.86-ssec.4) A prohibited substance is— a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or ash, cinders, mud, sand, shavings and straw glass, metal and plastics cups, milk containers and paper and plastic dishes feathers, rags, tar and wood hair and entrails, paunch manure and whole blood grease and oil cement-laden wastewater including wash down from exposed aggregate concrete surfaces a flammable or explosive solid, liquid or gaseous substance; or sewage, including human waste; or a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of— inhibiting or interfering with the stormwater drain; or causing damage or a hazard to the stormwater drain; or causing a hazard for humans or animals; or creating a public nuisance; or creating a hazard in waters; or contaminating the environment in places where stormwater is discharged or reused; or a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property a substance that has a temperature of more than— if the council has approved a maximum temperature for the substance—the approved maximum temperature; or otherwise—38ºC.\n(sec.86-ssec.5) If— a person puts a prohibited substance in a council stormwater drain; and the prohibited substance causes damage to the stormwater drain; the council may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.\n(sec.86-ssec.6) The costs for the work are in addition to any penalty imposed for the offence.\n- (a) stormwater; and\n- (b) a prohibited substance.\n- (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or Examples for paragraph (a) — • ash, cinders, mud, sand, shavings and straw • glass, metal and plastics • cups, milk containers and paper and plastic dishes • feathers, rags, tar and wood • hair and entrails, paunch manure and whole blood • grease and oil • cement-laden wastewater including wash down from exposed aggregate concrete surfaces\n- • ash, cinders, mud, sand, shavings and straw\n- • glass, metal and plastics\n- • cups, milk containers and paper and plastic dishes\n- • feathers, rags, tar and wood\n- • hair and entrails, paunch manure and whole blood\n- • grease and oil\n- • cement-laden wastewater including wash down from exposed aggregate concrete surfaces\n- (b) a flammable or explosive solid, liquid or gaseous substance; or\n- (c) sewage, including human waste; or\n- (d) a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of— (i) inhibiting or interfering with the stormwater drain; or (ii) causing damage or a hazard to the stormwater drain; or (iii) causing a hazard for humans or animals; or (iv) creating a public nuisance; or (v) creating a hazard in waters; or (vi) contaminating the environment in places where stormwater is discharged or reused; or Example for paragraph (d) — a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\n- (i) inhibiting or interfering with the stormwater drain; or\n- (ii) causing damage or a hazard to the stormwater drain; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a public nuisance; or\n- (v) creating a hazard in waters; or\n- (vi) contaminating the environment in places where stormwater is discharged or reused; or\n- (e) a substance that has a temperature of more than— (i) if the council has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) otherwise—38ºC.\n- (i) if the council has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.\n- • ash, cinders, mud, sand, shavings and straw\n- • glass, metal and plastics\n- • cups, milk containers and paper and plastic dishes\n- • feathers, rags, tar and wood\n- • hair and entrails, paunch manure and whole blood\n- • grease and oil\n- • cement-laden wastewater including wash down from exposed aggregate concrete surfaces\n- (i) inhibiting or interfering with the stormwater drain; or\n- (ii) causing damage or a hazard to the stormwater drain; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a public nuisance; or\n- (v) creating a hazard in waters; or\n- (vi) contaminating the environment in places where stormwater is discharged or reused; or\n- (i) if the council has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.\n- (a) a person puts a prohibited substance in a council stormwater drain; and\n- (b) the prohibited substance causes damage to the stormwater drain;","sortOrder":106},{"sectionNumber":"sec.87","sectionType":"section","heading":"Interference with path of stormwater","content":"### sec.87 Interference with path of stormwater\n\nA person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant.\nMaximum penalty—165 penalty units.\nHowever, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.\n(sec.87-ssec.1) A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. Maximum penalty—165 penalty units.\n(sec.87-ssec.2) However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.","sortOrder":107},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Other infrastructure","content":"## Other infrastructure","sortOrder":108},{"sectionNumber":"sec.88","sectionType":"section","heading":"Malls","content":"### sec.88 Malls\n\nThe council may establish a mall in Brisbane.\nThe council must comply with the procedures prescribed under a regulation for establishing a mall.\nThe regulation may also provide for any other matter connected with managing, promoting or using a mall, including for example—\nthe removal of vehicles from a mall; and\nreview of a decision relating to the removal of a vehicle from a mall; and\nmatters relating to an advisory committee for a mall.\nA person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by the council.\nHowever, the council may, by resolution, decide to pay compensation to the person.\nThe Land Act , chapter 4 , part 4 does not apply to a road in Brisbane that is a mall.\n(sec.88-ssec.1) The council may establish a mall in Brisbane.\n(sec.88-ssec.2) The council must comply with the procedures prescribed under a regulation for establishing a mall.\n(sec.88-ssec.3) The regulation may also provide for any other matter connected with managing, promoting or using a mall, including for example— the removal of vehicles from a mall; and review of a decision relating to the removal of a vehicle from a mall; and matters relating to an advisory committee for a mall.\n(sec.88-ssec.4) A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by the council.\n(sec.88-ssec.5) However, the council may, by resolution, decide to pay compensation to the person.\n(sec.88-ssec.6) The Land Act , chapter 4 , part 4 does not apply to a road in Brisbane that is a mall.\n- (a) the removal of vehicles from a mall; and\n- (b) review of a decision relating to the removal of a vehicle from a mall; and\n- (c) matters relating to an advisory committee for a mall.","sortOrder":109},{"sectionNumber":"sec.89","sectionType":"section","heading":"City Botanic Gardens","content":"### sec.89 City Botanic Gardens\n\nThis section is about the City Botanic Gardens.\nThe City Botanic Gardens consist of the reserve for botanic gardens and public park that was established by the council under the repealed City of Brisbane Act.\nThe council is the trustee of the reserve under the Land Act .\nThe council has the power to—\ndo anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and\npermit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and\ndo anything incidental to its powers under paragraph (a) or (b) .\n(sec.89-ssec.1) This section is about the City Botanic Gardens.\n(sec.89-ssec.2) The City Botanic Gardens consist of the reserve for botanic gardens and public park that was established by the council under the repealed City of Brisbane Act.\n(sec.89-ssec.3) The council is the trustee of the reserve under the Land Act .\n(sec.89-ssec.4) The council has the power to— do anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and permit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and do anything incidental to its powers under paragraph (a) or (b) .\n- (a) do anything that is necessary or desirable for developing, managing, maintaining, promoting, or using the City Botanic Gardens; and\n- (b) permit the use of any part of the City Botanic Gardens, including the erection of any structure, on the conditions it considers appropriate; and\n- (c) do anything incidental to its powers under paragraph (a) or (b) .","sortOrder":110},{"sectionNumber":"sec.90","sectionType":"section","heading":"Resumption of prescribed land by council","content":"### sec.90 Resumption of prescribed land by council\n\nThis section applies if—\na development application under the Planning Act is made for a material change of use other than for ‘television station purposes’; or\nprescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose other than television station purposes or related purposes; or\nprescribed land is being used for a purpose other than television station purposes or related purposes.\nPrescribed land is any scheduled land or trust land under the repealed Land (Mt Coot-tha Television Stations) Sales Act 1986 .\nThe council may decide to acquire the prescribed land either by agreement under the Acquisition of Land Act 1967 or compulsorily for a purpose specified in that Act, if the land is to be used for 1 or more of the following purposes—\na park;\na recreation ground;\na road.\nThe power conferred on the council under this section is in addition to the powers conferred on the council as a constructing authority under the Acquisition of Land Act 1967 .\nA decision of the council under subsection (3) is not subject to appeal.\nSee section 226 for more information.\n(sec.90-ssec.1) This section applies if— a development application under the Planning Act is made for a material change of use other than for ‘television station purposes’; or prescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose other than television station purposes or related purposes; or prescribed land is being used for a purpose other than television station purposes or related purposes.\n(sec.90-ssec.2) Prescribed land is any scheduled land or trust land under the repealed Land (Mt Coot-tha Television Stations) Sales Act 1986 .\n(sec.90-ssec.3) The council may decide to acquire the prescribed land either by agreement under the Acquisition of Land Act 1967 or compulsorily for a purpose specified in that Act, if the land is to be used for 1 or more of the following purposes— a park; a recreation ground; a road.\n(sec.90-ssec.4) The power conferred on the council under this section is in addition to the powers conferred on the council as a constructing authority under the Acquisition of Land Act 1967 .\n(sec.90-ssec.5) A decision of the council under subsection (3) is not subject to appeal. See section 226 for more information.\n- (a) a development application under the Planning Act is made for a material change of use other than for ‘television station purposes’; or\n- (b) prescribed land is sold or offered for sale and the council is satisfied the land is likely to be used for a purpose other than television station purposes or related purposes; or\n- (c) prescribed land is being used for a purpose other than television station purposes or related purposes.\n- (a) a park;\n- (b) a recreation ground;\n- (c) a road.","sortOrder":111},{"sectionNumber":"sec.91","sectionType":"section","heading":"Ferry services","content":"### sec.91 Ferry services\n\nThe council has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in Brisbane.\nA watercourse is a river, creek or channel where water flows naturally.\nThe council may—\nlease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and\nmake local laws for managing and regulating the use of ferries operated or leased by it.\nA regulation may—\ndeclare another watercourse that the council has the exclusive right to provide a ferry service across; and\nprovide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of the council, for example).\n(sec.91-ssec.1) The council has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in Brisbane.\n(sec.91-ssec.2) A watercourse is a river, creek or channel where water flows naturally.\n(sec.91-ssec.3) The council may— lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and make local laws for managing and regulating the use of ferries operated or leased by it.\n(sec.91-ssec.4) A regulation may— declare another watercourse that the council has the exclusive right to provide a ferry service across; and provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of the council, for example).\n- (a) lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and\n- (b) make local laws for managing and regulating the use of ferries operated or leased by it.\n- (a) declare another watercourse that the council has the exclusive right to provide a ferry service across; and\n- (b) provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of the council, for example).","sortOrder":112},{"sectionNumber":"sec.92","sectionType":"section","heading":"Materials in infrastructure are council property","content":"### sec.92 Materials in infrastructure are council property\n\nThe materials in the following things are the property of the council—\na road constructed by or for the council;\na road constructed by a developer because of a condition attached to a development approval under the Planning Act\nany works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council;\na floating pontoon, jetty, or wharf that is—\nconstructed by the council; or\nunder the control of the council.\nIf the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council.\nThis section does not apply to the materials in—\nan open drain, other than any lining of the drain; or\nthe outcome of action taken in accordance with a remedial notice under section 130 .\nFor subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council.\ns 92 amd 2012 No. 33 s 28\n(sec.92-ssec.1) The materials in the following things are the property of the council— a road constructed by or for the council; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council; a floating pontoon, jetty, or wharf that is— constructed by the council; or under the control of the council.\n(sec.92-ssec.2) If the council, in exercising a power of the council, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the council.\n(sec.92-ssec.3) This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 130 .\n(sec.92-ssec.4) For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the council.\n- (a) a road constructed by or for the council; Example of a road constructed for the council— a road constructed by a developer because of a condition attached to a development approval under the Planning Act\n- (b) any works relating to a road (including ducting, gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the council;\n- (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the council; or (ii) under the control of the council.\n- (i) constructed by the council; or\n- (ii) under the control of the council.\n- (i) constructed by the council; or\n- (ii) under the control of the council.\n- (a) an open drain, other than any lining of the drain; or\n- (b) the outcome of action taken in accordance with a remedial notice under section 130 .","sortOrder":113},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Caretaker period arrangements","content":"# Caretaker period arrangements","sortOrder":114},{"sectionNumber":"sec.92A","sectionType":"section","heading":"Caretaker period","content":"### sec.92A Caretaker period\n\nThe caretaker period for the council is the period during an election for the council that—\nstarts on the day when public notice of the holding of the election is given under the Local Government Electoral Act 2011 , section 25 (1) ; and\nends at the conclusion of the election.\nThere is no caretaker period during a by-election or fresh election under the Local Government Electoral Act 2011 .\ns 92A ins 2011 No. 27 s 246\n(sec.92A-ssec.1) The caretaker period for the council is the period during an election for the council that— starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act 2011 , section 25 (1) ; and ends at the conclusion of the election.\n(sec.92A-ssec.2) There is no caretaker period during a by-election or fresh election under the Local Government Electoral Act 2011 .\n- (a) starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act 2011 , section 25 (1) ; and\n- (b) ends at the conclusion of the election.","sortOrder":115},{"sectionNumber":"sec.92B","sectionType":"section","heading":"Prohibition on major policy decisions during caretaker period","content":"### sec.92B Prohibition on major policy decisions during caretaker period\n\nThe council must not make a major policy decision during a caretaker period for the council.\ns 92B ins 2011 No. 27 s 246\nsub 2026 No. 5 s 6","sortOrder":116},{"sectionNumber":"sec.92BA","sectionType":"section","heading":"Approval to make major policy decisions in exceptional circumstances","content":"### sec.92BA Approval to make major policy decisions in exceptional circumstances\n\nThis section applies if the council considers that, because exceptional circumstances exist, it is necessary and in the public interest to make a major policy decision during a caretaker period for the council.\nThe council may apply to the Minister for approval to make the major policy decision during the caretaker period.\nThe Minister may give the approval if the Minister is satisfied that, because exceptional circumstances exist, it is necessary and in the public interest for the council to make the major policy decision during the caretaker period.\nThe approval may be given on conditions with which the council must comply.\nDespite section 92B , the council may make the major policy decision in accordance with the approval.\ns 92BA ins 2026 No. 5 s 6\n(sec.92BA-ssec.1) This section applies if the council considers that, because exceptional circumstances exist, it is necessary and in the public interest to make a major policy decision during a caretaker period for the council.\n(sec.92BA-ssec.2) The council may apply to the Minister for approval to make the major policy decision during the caretaker period.\n(sec.92BA-ssec.3) The Minister may give the approval if the Minister is satisfied that, because exceptional circumstances exist, it is necessary and in the public interest for the council to make the major policy decision during the caretaker period.\n(sec.92BA-ssec.4) The approval may be given on conditions with which the council must comply.\n(sec.92BA-ssec.5) Despite section 92B , the council may make the major policy decision in accordance with the approval.","sortOrder":117},{"sectionNumber":"sec.92BB","sectionType":"section","heading":"Approval to make major policy decisions related to disaster recovery funding arrangements","content":"### sec.92BB Approval to make major policy decisions related to disaster recovery funding arrangements\n\nThis section applies if—\nduring a caretaker period for the council, the City of Brisbane is eligible for assistance under the disaster recovery funding arrangements; and\nthe Minister considers it is necessary for the council to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\nThe Minister may give approval to the council to make the major policy decisions.\nThe approval may state—\nthe types of major policy decisions that may be made by the council; and\nthat the decisions may be made by the council only in relation to a stated matter.\nThe approval may be given on conditions with which the council must comply.\nDespite section 92B , the council may make major policy decisions in accordance with the approval.\nIn this section—\ndisaster recovery funding arrangements means the funding arrangements jointly administered by the State and Commonwealth that are known as the ‘Disaster Recovery Funding Arrangements’.\ns 92BB ins 2026 No. 5 s 6\n(sec.92BB-ssec.1) This section applies if— during a caretaker period for the council, the City of Brisbane is eligible for assistance under the disaster recovery funding arrangements; and the Minister considers it is necessary for the council to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\n(sec.92BB-ssec.2) The Minister may give approval to the council to make the major policy decisions.\n(sec.92BB-ssec.3) The approval may state— the types of major policy decisions that may be made by the council; and that the decisions may be made by the council only in relation to a stated matter.\n(sec.92BB-ssec.4) The approval may be given on conditions with which the council must comply.\n(sec.92BB-ssec.5) Despite section 92B , the council may make major policy decisions in accordance with the approval.\n(sec.92BB-ssec.6) In this section— disaster recovery funding arrangements means the funding arrangements jointly administered by the State and Commonwealth that are known as the ‘Disaster Recovery Funding Arrangements’.\n- (a) during a caretaker period for the council, the City of Brisbane is eligible for assistance under the disaster recovery funding arrangements; and\n- (b) the Minister considers it is necessary for the council to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\n- (a) the types of major policy decisions that may be made by the council; and\n- (b) that the decisions may be made by the council only in relation to a stated matter.","sortOrder":118},{"sectionNumber":"sec.92C","sectionType":"section","heading":"Invalidity of major policy decision in caretaker period without approval","content":"### sec.92C Invalidity of major policy decision in caretaker period without approval\n\nA major policy decision made by the council during a caretaker period for the council is invalid to the extent the council—\ndoes not have the Minister’s approval under section 92BA or 92BB to make the decision; or\ndoes not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .\nA contract is void if it is the subject of a major policy decision that is invalid.\nA person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the council for the loss or damage.\nThe person may bring a proceeding to recover the compensation in a court of competent jurisdiction.\ns 92C ins 2011 No. 27 s 246\namd 2026 No. 5 s 141 s ch 1 pt 1\n(sec.92C-ssec.1) A major policy decision made by the council during a caretaker period for the council is invalid to the extent the council— does not have the Minister’s approval under section 92BA or 92BB to make the decision; or does not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .\n(sec.92C-ssec.2) A contract is void if it is the subject of a major policy decision that is invalid.\n(sec.92C-ssec.3) A person who acts in good faith in relation to a major policy decision of the council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the council for the loss or damage.\n(sec.92C-ssec.4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.\n- (a) does not have the Minister’s approval under section 92BA or 92BB to make the decision; or\n- (b) does not comply with any conditions of the approval under section 92BA (4) or 92BB (4) .","sortOrder":119},{"sectionNumber":"sec.92D","sectionType":"section","heading":"Prohibition on election material in caretaker period","content":"### sec.92D Prohibition on election material in caretaker period\n\nThe council or a controlled entity of the council must not, during a caretaker period for the council, publish or distribute election material.\nElection material is anything able to, or intended to—\ninfluence an elector about voting at an election; or\naffect the result of an election.\na fact sheet or newsletter that raises the profile of a councillor\nThe prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011 , section 179 (6) .\nIn this section—\ncontrol means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.\ncontrolled entity , of the council, means an entity subject to the control of either or both of the following—\nthe council;\nanother entity subject to the control of the council.\ns 92D ins 2011 No. 27 s 246\namd 2015 No. 25 s 3 ; 2019 No. 30 s 4\n(sec.92D-ssec.1) The council or a controlled entity of the council must not, during a caretaker period for the council, publish or distribute election material.\n(sec.92D-ssec.2) Election material is anything able to, or intended to— influence an elector about voting at an election; or affect the result of an election. a fact sheet or newsletter that raises the profile of a councillor\n(sec.92D-ssec.3) The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011 , section 179 (6) .\n(sec.92D-ssec.4) In this section— control means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives. controlled entity , of the council, means an entity subject to the control of either or both of the following— the council; another entity subject to the control of the council.\n- (a) influence an elector about voting at an election; or\n- (b) affect the result of an election.\n- (a) the council;\n- (b) another entity subject to the control of the council.","sortOrder":120},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Rates and charges","content":"# Rates and charges","sortOrder":121},{"sectionNumber":"sec.93","sectionType":"section","heading":"What this part is about","content":"### sec.93 What this part is about\n\nThis part is about rates and charges.\nRates and charges are levies that the council imposes—\non land; and\nfor a service, facility or activity that is supplied or undertaken by—\nthe council; or\nsomeone on behalf of the council (including a garbage collection contractor, for example).\n(sec.93-ssec.1) This part is about rates and charges.\n(sec.93-ssec.2) Rates and charges are levies that the council imposes— on land; and for a service, facility or activity that is supplied or undertaken by— the council; or someone on behalf of the council (including a garbage collection contractor, for example).\n- (a) on land; and\n- (b) for a service, facility or activity that is supplied or undertaken by— (i) the council; or (ii) someone on behalf of the council (including a garbage collection contractor, for example).\n- (i) the council; or\n- (ii) someone on behalf of the council (including a garbage collection contractor, for example).\n- (i) the council; or\n- (ii) someone on behalf of the council (including a garbage collection contractor, for example).","sortOrder":122},{"sectionNumber":"sec.94","sectionType":"section","heading":"Types of rates and charges","content":"### sec.94 Types of rates and charges\n\nThere are 4 types of rates and charges—\ngeneral rates (including differential rates); and\nspecial rates and charges; and\nutility charges; and\nseparate rates and charges.\nGeneral rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person).\nGeneral rates contribute to the cost of roads and library services that benefit the community in general.\nSpecial rates and charges are for services, facilities and activities that have a special association with particular land because—\nthe land or its occupier—\nspecially benefits from the service, facility or activity; or\nhas or will have special access to the service, facility or activity; or\nthe land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\nthe occupier of the land specially contributes to the need for the service, facility or activity.\nSpecial rates and charges could be levied—\nfor the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles\nfor the cost of replacing the drainage system in only part of Brisbane\non land that is used only by businesses that would benefit from the promotion of tourism in Brisbane.\nUtility charges are for a service, facility or activity for any of the following utilities—\nwaste management, including recycling;\ngas;\nanother utility prescribed under a regulation.\nSeparate rates and charges are for any other service, facility or activity.\n(sec.94-ssec.1) There are 4 types of rates and charges— general rates (including differential rates); and special rates and charges; and utility charges; and separate rates and charges.\n(sec.94-ssec.2) General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person). General rates contribute to the cost of roads and library services that benefit the community in general.\n(sec.94-ssec.3) Special rates and charges are for services, facilities and activities that have a special association with particular land because— the land or its occupier— specially benefits from the service, facility or activity; or has or will have special access to the service, facility or activity; or the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or the occupier of the land specially contributes to the need for the service, facility or activity. Special rates and charges could be levied— for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles for the cost of replacing the drainage system in only part of Brisbane on land that is used only by businesses that would benefit from the promotion of tourism in Brisbane.\n(sec.94-ssec.4) Utility charges are for a service, facility or activity for any of the following utilities— waste management, including recycling; gas; another utility prescribed under a regulation.\n(sec.94-ssec.5) Separate rates and charges are for any other service, facility or activity.\n- (a) general rates (including differential rates); and\n- (b) special rates and charges; and\n- (c) utility charges; and\n- (d) separate rates and charges.\n- (a) the land or its occupier— (i) specially benefits from the service, facility or activity; or (ii) has or will have special access to the service, facility or activity; or\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\n- (c) the occupier of the land specially contributes to the need for the service, facility or activity.\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- • for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles\n- • for the cost of replacing the drainage system in only part of Brisbane\n- • on land that is used only by businesses that would benefit from the promotion of tourism in Brisbane.\n- (a) waste management, including recycling;\n- (b) gas;\n- (c) another utility prescribed under a regulation.","sortOrder":123},{"sectionNumber":"sec.95","sectionType":"section","heading":"Land on which rates are levied","content":"### sec.95 Land on which rates are levied\n\nRates may be levied on rateable land.\nRateable land is any land or building unit, in Brisbane, that is not exempted from rates.\nThe following land is exempted from rates—\nunallocated State land within the meaning of the Land Act ;\nland that is occupied by the State or a government entity, unless—\nthe government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\nthe land is leased to the State or a government entity by someone who is not the State or a government entity;\nland in a State forest or timber reserve, other than land occupied under—\nan occupation permit or stock grazing permit under the Forestry Act ; or\na lease under the Land Act ;\nthe following land under the Transport Infrastructure Act —\nstrategic port land that is occupied by a port authority, the State, or a government entity;\nexisting or new rail corridor land;\ncommercial corridor land that is not subject to a lease;\nairport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge;\nland that is exempted from rating—\nunder another Act or a regulation;\nby resolution of the council, for religious, charitable, educational or other public purposes.\n(sec.95-ssec.1) Rates may be levied on rateable land.\n(sec.95-ssec.2) Rateable land is any land or building unit, in Brisbane, that is not exempted from rates.\n(sec.95-ssec.3) The following land is exempted from rates— unallocated State land within the meaning of the Land Act ; land that is occupied by the State or a government entity, unless— the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or the land is leased to the State or a government entity by someone who is not the State or a government entity; land in a State forest or timber reserve, other than land occupied under— an occupation permit or stock grazing permit under the Forestry Act ; or a lease under the Land Act ; the following land under the Transport Infrastructure Act — strategic port land that is occupied by a port authority, the State, or a government entity; existing or new rail corridor land; commercial corridor land that is not subject to a lease; airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge; land that is exempted from rating— under another Act or a regulation; by resolution of the council, for religious, charitable, educational or other public purposes.\n- (a) unallocated State land within the meaning of the Land Act ;\n- (b) land that is occupied by the State or a government entity, unless— (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\n- (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (c) land in a State forest or timber reserve, other than land occupied under— (i) an occupation permit or stock grazing permit under the Forestry Act ; or (ii) a lease under the Land Act ;\n- (i) an occupation permit or stock grazing permit under the Forestry Act ; or\n- (ii) a lease under the Land Act ;\n- (d) the following land under the Transport Infrastructure Act — (i) strategic port land that is occupied by a port authority, the State, or a government entity; (ii) existing or new rail corridor land; (iii) commercial corridor land that is not subject to a lease;\n- (i) strategic port land that is occupied by a port authority, the State, or a government entity;\n- (ii) existing or new rail corridor land;\n- (iii) commercial corridor land that is not subject to a lease;\n- (e) airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge;\n- (f) land that is exempted from rating— (i) under another Act or a regulation; (ii) by resolution of the council, for religious, charitable, educational or other public purposes.\n- (i) under another Act or a regulation;\n- (ii) by resolution of the council, for religious, charitable, educational or other public purposes.\n- (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\n- (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (i) an occupation permit or stock grazing permit under the Forestry Act ; or\n- (ii) a lease under the Land Act ;\n- (i) strategic port land that is occupied by a port authority, the State, or a government entity;\n- (ii) existing or new rail corridor land;\n- (iii) commercial corridor land that is not subject to a lease;\n- (i) under another Act or a regulation;\n- (ii) by resolution of the council, for religious, charitable, educational or other public purposes.","sortOrder":124},{"sectionNumber":"sec.96","sectionType":"section","heading":"Power to levy rates and charges","content":"### sec.96 Power to levy rates and charges\n\nThe council—\nmust levy general rates on all rateable land within Brisbane; and\nmay levy—\nspecial rates and charges; and\nutility charges; and\nseparate rates and charges.\nWithout limiting subsection (1) , the council may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner.\nThe council must decide, by resolution at the council budget meeting for a financial year, what rates and charges are to be levied for that financial year.\ns 96 amd 2014 No. 36 s 55B\n(sec.96-ssec.1) The council— must levy general rates on all rateable land within Brisbane; and may levy— special rates and charges; and utility charges; and separate rates and charges.\n(sec.96-ssec.1A) Without limiting subsection (1) , the council may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner.\n(sec.96-ssec.2) The council must decide, by resolution at the council budget meeting for a financial year, what rates and charges are to be levied for that financial year.\n- (a) must levy general rates on all rateable land within Brisbane; and\n- (b) may levy— (i) special rates and charges; and (ii) utility charges; and (iii) separate rates and charges.\n- (i) special rates and charges; and\n- (ii) utility charges; and\n- (iii) separate rates and charges.\n- (i) special rates and charges; and\n- (ii) utility charges; and\n- (iii) separate rates and charges.","sortOrder":125},{"sectionNumber":"sec.96A","sectionType":"section","heading":null,"content":"### Section sec.96A\n\ns 96A ins 2020 No. 16 s 41\nexp 30 June 2021 (see s 96A(9))","sortOrder":126},{"sectionNumber":"sec.96B","sectionType":"section","heading":null,"content":"### Section sec.96B\n\ns 96B ins 2021 No. 8 s 7\nexp 30 June 2022 (see s 96B(9))","sortOrder":127},{"sectionNumber":"sec.97","sectionType":"section","heading":"Overdue rates and charges are a charge over rateable land","content":"### sec.97 Overdue rates and charges are a charge over rateable land\n\nThis section applies if the owner of rateable land owes the council for overdue rates and charges.\nThe overdue rates and charges are a charge on the land.\nThe council may register the charge over the land by lodging the following documents with the registrar of titles—\na request to register the charge over the land, in the appropriate form;\na certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\nAfter the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of—\nthe State; or\na government entity.\nIf the overdue rates and charges are paid, the council must lodge the following documents with the registrar of titles—\na request to release the charge over the land, in the appropriate form;\na certificate signed by the chief executive officer that states the overdue rates and charges have been paid.\nThis section does not limit any other remedy that the council has to recover the overdue rates and charges (including selling the land, for example).\n(sec.97-ssec.1) This section applies if the owner of rateable land owes the council for overdue rates and charges.\n(sec.97-ssec.2) The overdue rates and charges are a charge on the land.\n(sec.97-ssec.3) The council may register the charge over the land by lodging the following documents with the registrar of titles— a request to register the charge over the land, in the appropriate form; a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\n(sec.97-ssec.4) After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of— the State; or a government entity.\n(sec.97-ssec.5) If the overdue rates and charges are paid, the council must lodge the following documents with the registrar of titles— a request to release the charge over the land, in the appropriate form; a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.\n(sec.97-ssec.6) This section does not limit any other remedy that the council has to recover the overdue rates and charges (including selling the land, for example).\n- (a) a request to register the charge over the land, in the appropriate form;\n- (b) a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\n- (a) the State; or\n- (b) a government entity.\n- (a) a request to release the charge over the land, in the appropriate form;\n- (b) a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.","sortOrder":128},{"sectionNumber":"sec.98","sectionType":"section","heading":"Regulations for rates and charges","content":"### sec.98 Regulations for rates and charges\n\nA regulation may provide for any matter connected with rates and charges, including for example—\nconcessions; and\nthe categorisation of land for rates and charges; and\nthe process for recovering overdue rates and charges including by the sale of the land to which the rates and charges relate.\n- (a) concessions; and\n- (b) the categorisation of land for rates and charges; and\n- (c) the process for recovering overdue rates and charges including by the sale of the land to which the rates and charges relate.","sortOrder":129},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Cost-recovery fees","content":"### sec.99 Cost-recovery fees\n\nThe council may, under a local law or a resolution, fix a cost-recovery fee.\nA cost-recovery fee is a fee for—\nan application for the issue or renewal of a licence, permit, registration or other approval under a local government related law (an application fee ); or\nrecording a change of ownership of land; or\ngiving information kept under a local government related law; or\nseizing property or animals under a local government related law; or\ndoing an activity mentioned in the Planning Act , section 106ZM (1) ; or\nthe performance of another responsibility imposed on the council under the Building Act or the Plumbing and Drainage Act .\nA local law or resolution for subsection (2) (d) , (da) or (e) must state—\nthe entity liable to pay the cost-recovery fee; and\nthe time within which the fee must be paid.\nA cost-recovery fee must not be more than the cost to the council of taking the action for which the fee is charged.\nHowever, an application fee may also include a tax—\nin the circumstances and for a purpose prescribed under a regulation; and\nif the council decides, by resolution, that the purpose of the tax benefits Brisbane.\nThe local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax.\nIf an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land.\nThe council may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law.\ns 99 amd 2025 No. 14 s 4\n(sec.99-ssec.1) The council may, under a local law or a resolution, fix a cost-recovery fee.\n(sec.99-ssec.2) A cost-recovery fee is a fee for— an application for the issue or renewal of a licence, permit, registration or other approval under a local government related law (an application fee ); or recording a change of ownership of land; or giving information kept under a local government related law; or seizing property or animals under a local government related law; or doing an activity mentioned in the Planning Act , section 106ZM (1) ; or the performance of another responsibility imposed on the council under the Building Act or the Plumbing and Drainage Act .\n(sec.99-ssec.3) A local law or resolution for subsection (2) (d) , (da) or (e) must state— the entity liable to pay the cost-recovery fee; and the time within which the fee must be paid.\n(sec.99-ssec.4) A cost-recovery fee must not be more than the cost to the council of taking the action for which the fee is charged.\n(sec.99-ssec.5) However, an application fee may also include a tax— in the circumstances and for a purpose prescribed under a regulation; and if the council decides, by resolution, that the purpose of the tax benefits Brisbane.\n(sec.99-ssec.6) The local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax.\n(sec.99-ssec.7) If an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land.\n(sec.99-ssec.8) The council may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law.\n- (a) an application for the issue or renewal of a licence, permit, registration or other approval under a local government related law (an application fee ); or\n- (b) recording a change of ownership of land; or\n- (c) giving information kept under a local government related law; or\n- (d) seizing property or animals under a local government related law; or\n- (da) doing an activity mentioned in the Planning Act , section 106ZM (1) ; or\n- (e) the performance of another responsibility imposed on the council under the Building Act or the Plumbing and Drainage Act .\n- (a) the entity liable to pay the cost-recovery fee; and\n- (b) the time within which the fee must be paid.\n- (a) in the circumstances and for a purpose prescribed under a regulation; and\n- (b) if the council decides, by resolution, that the purpose of the tax benefits Brisbane.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Register of cost-recovery fees","content":"### sec.100 Register of cost-recovery fees\n\nThe council must keep a register of its cost-recovery fees.\nThe register must state the paragraph of section 99 (2) under which the cost-recovery fee is fixed.\nAlso, the register must state—\nfor a cost-recovery fee under section 99 (2) (a) —the provision of the local government related law under which the licence, permit, registration or other approval is issued or renewed; or\nfor a cost-recovery fee under section 99 (2) (c) —the provision of the local government related law under which the information is kept; or\nfor a cost-recovery fee under section 99 (2) (d) —the provision of the local government related law under which the property or animals are seized; or\nfor a cost-recovery fee under section 99 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or\nfor a cost-recovery fee under section 99 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.\nThe council must ensure the public may view the register at its public office or on its website.\ns 100 amd 2025 No. 14 s 5\n(sec.100-ssec.1) The council must keep a register of its cost-recovery fees.\n(sec.100-ssec.2) The register must state the paragraph of section 99 (2) under which the cost-recovery fee is fixed.\n(sec.100-ssec.3) Also, the register must state— for a cost-recovery fee under section 99 (2) (a) —the provision of the local government related law under which the licence, permit, registration or other approval is issued or renewed; or for a cost-recovery fee under section 99 (2) (c) —the provision of the local government related law under which the information is kept; or for a cost-recovery fee under section 99 (2) (d) —the provision of the local government related law under which the property or animals are seized; or for a cost-recovery fee under section 99 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or for a cost-recovery fee under section 99 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.\n(sec.100-ssec.4) The council must ensure the public may view the register at its public office or on its website.\n- (a) for a cost-recovery fee under section 99 (2) (a) —the provision of the local government related law under which the licence, permit, registration or other approval is issued or renewed; or\n- (b) for a cost-recovery fee under section 99 (2) (c) —the provision of the local government related law under which the information is kept; or\n- (c) for a cost-recovery fee under section 99 (2) (d) —the provision of the local government related law under which the property or animals are seized; or\n- (d) for a cost-recovery fee under section 99 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or\n- (e) for a cost-recovery fee under section 99 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Fees on occupiers of land below the high-water mark","content":"### sec.101 Fees on occupiers of land below the high-water mark\n\nThis section applies to the occupier (other than the State or a government entity) of a structure that is on land that—\nis not rateable land, and therefore not subject to rates; and\nis in, or is adjoining, Brisbane; and\nis below the high-water mark.\nThe high-water mark is the ordinary high-water mark at spring tides.\nThe council may, by resolution, levy a fee on the occupier of the structure for the use of the council’s roads and other infrastructure.\nFor subsection (3) , fee includes a tax.\n(sec.101-ssec.1) This section applies to the occupier (other than the State or a government entity) of a structure that is on land that— is not rateable land, and therefore not subject to rates; and is in, or is adjoining, Brisbane; and is below the high-water mark.\n(sec.101-ssec.2) The high-water mark is the ordinary high-water mark at spring tides.\n(sec.101-ssec.3) The council may, by resolution, levy a fee on the occupier of the structure for the use of the council’s roads and other infrastructure.\n(sec.101-ssec.4) For subsection (3) , fee includes a tax.\n- (a) is not rateable land, and therefore not subject to rates; and\n- (b) is in, or is adjoining, Brisbane; and\n- (c) is below the high-water mark.","sortOrder":133},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Financial planning and accountability","content":"# Financial planning and accountability","sortOrder":134},{"sectionNumber":"sec.102","sectionType":"section","heading":"Statutory Bodies Financial Arrangements Act applies to council","content":"### sec.102 Statutory Bodies Financial Arrangements Act applies to council\n\nThe council is a statutory body for the Statutory Bodies Financial Arrangements Act .\nPart 2B of that Act sets out the way in which that Act affects the council’s powers.\n(sec.102-ssec.1) The council is a statutory body for the Statutory Bodies Financial Arrangements Act .\n(sec.102-ssec.2) Part 2B of that Act sets out the way in which that Act affects the council’s powers.","sortOrder":135},{"sectionNumber":"sec.103","sectionType":"section","heading":"Systems of financial management","content":"### sec.103 Systems of financial management\n\nTo ensure it is financially sustainable, the council must establish a system of financial management that—\nensures regard is had to the sound contracting principles when entering into a contract for—\nthe supply of goods or services; or\nthe disposal of assets; and\nincludes the following—\nan annual budget;\nan asset register;\na corporate plan;\na long-term financial forecast;\na long-term asset management plan;\nan efficient and effective internal audit function.\nThe council is financially sustainable if the council is able to maintain its financial capital and infrastructure capital over the long term.\nThe sound contracting principles are—\nvalue for money; and\nopen and effective competition; and\nthe development of competitive local business and industry; and\nenvironmental protection; and\nethical behaviour and fair dealing.\nA contract for the supply of goods or services includes a contract about carrying out work.\nTo remove any doubt, it is declared that subsection (1) (a) does not require equal consideration to be given to each of the sound contracting principles.\ns 103 amd 2012 No. 33 s 30\n(sec.103-ssec.1) To ensure it is financially sustainable, the council must establish a system of financial management that— ensures regard is had to the sound contracting principles when entering into a contract for— the supply of goods or services; or the disposal of assets; and includes the following— an annual budget; an asset register; a corporate plan; a long-term financial forecast; a long-term asset management plan; an efficient and effective internal audit function.\n(sec.103-ssec.2) The council is financially sustainable if the council is able to maintain its financial capital and infrastructure capital over the long term.\n(sec.103-ssec.3) The sound contracting principles are— value for money; and open and effective competition; and the development of competitive local business and industry; and environmental protection; and ethical behaviour and fair dealing.\n(sec.103-ssec.4) A contract for the supply of goods or services includes a contract about carrying out work.\n(sec.103-ssec.5) To remove any doubt, it is declared that subsection (1) (a) does not require equal consideration to be given to each of the sound contracting principles.\n- (a) ensures regard is had to the sound contracting principles when entering into a contract for— (i) the supply of goods or services; or (ii) the disposal of assets; and\n- (i) the supply of goods or services; or\n- (ii) the disposal of assets; and\n- (b) includes the following— (i) an annual budget; (ii) an asset register; (iii) a corporate plan; (iv) a long-term financial forecast; (v) a long-term asset management plan; (vi) an efficient and effective internal audit function.\n- (i) an annual budget;\n- (ii) an asset register;\n- (iii) a corporate plan;\n- (iv) a long-term financial forecast;\n- (v) a long-term asset management plan;\n- (vi) an efficient and effective internal audit function.\n- (i) the supply of goods or services; or\n- (ii) the disposal of assets; and\n- (i) an annual budget;\n- (ii) an asset register;\n- (iii) a corporate plan;\n- (iv) a long-term financial forecast;\n- (v) a long-term asset management plan;\n- (vi) an efficient and effective internal audit function.\n- (a) value for money; and\n- (b) open and effective competition; and\n- (c) the development of competitive local business and industry; and\n- (d) environmental protection; and\n- (e) ethical behaviour and fair dealing.","sortOrder":136},{"sectionNumber":"sec.104","sectionType":"section","heading":"Approval of budget","content":"### sec.104 Approval of budget\n\nThe council must consider the budget presented by the mayor and, by resolution, adopt the budget with or without amendment.\ns 104 amd 2026 No. 5 s 7","sortOrder":137},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Councillors’ financial accountability","content":"# Councillors’ financial accountability","sortOrder":138},{"sectionNumber":"sec.105","sectionType":"section","heading":"What this part is about","content":"### sec.105 What this part is about\n\nThis part is about councillors’ financial accountability.","sortOrder":139},{"sectionNumber":"sec.106","sectionType":"section","heading":"Councillor’s discretionary funds","content":"### sec.106 Councillor’s discretionary funds\n\nA councillor must ensure the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.\nDiscretionary funds are funds in the council’s operating fund that are—\nbudgeted for community purposes; and\nallocated by a councillor at the councillor’s discretion.\ns 106 amd 2012 No. 33 s 31\n(sec.106-ssec.1) A councillor must ensure the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.\n(sec.106-ssec.2) Discretionary funds are funds in the council’s operating fund that are— budgeted for community purposes; and allocated by a councillor at the councillor’s discretion.\n- (a) budgeted for community purposes; and\n- (b) allocated by a councillor at the councillor’s discretion.","sortOrder":140},{"sectionNumber":"sec.107","sectionType":"section","heading":"Councillors liable for improper disbursements","content":"### sec.107 Councillors liable for improper disbursements\n\nThis section applies if—\nthe council disburses council funds in a financial year; and\nthe disbursement—\nis not provided for in the council’s budget for the financial year; and\nis made without the approval of the council by resolution.\nThe council must, within 14 days after the disbursement is made, publish a notice of the disbursement—\non the council’s website; and\nin other ways the council considers appropriate.\nIf the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council—\nthe amount of the disbursement; and\ninterest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.\nThose amounts may be recovered as a debt payable to the council.\ns 107 amd 2023 No. 30 s 4\n(sec.107-ssec.1) This section applies if— the council disburses council funds in a financial year; and the disbursement— is not provided for in the council’s budget for the financial year; and is made without the approval of the council by resolution.\n(sec.107-ssec.2) The council must, within 14 days after the disbursement is made, publish a notice of the disbursement— on the council’s website; and in other ways the council considers appropriate.\n(sec.107-ssec.3) If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the council— the amount of the disbursement; and interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.\n(sec.107-ssec.4) Those amounts may be recovered as a debt payable to the council.\n- (a) the council disburses council funds in a financial year; and\n- (b) the disbursement— (i) is not provided for in the council’s budget for the financial year; and (ii) is made without the approval of the council by resolution.\n- (i) is not provided for in the council’s budget for the financial year; and\n- (ii) is made without the approval of the council by resolution.\n- (i) is not provided for in the council’s budget for the financial year; and\n- (ii) is made without the approval of the council by resolution.\n- (a) on the council’s website; and\n- (b) in other ways the council considers appropriate.\n- (a) the amount of the disbursement; and\n- (b) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the council in relation to the disbursement.","sortOrder":141},{"sectionNumber":"sec.108","sectionType":"section","heading":"Councillors liable for loans to individuals","content":"### sec.108 Councillors liable for loans to individuals\n\nThe council must not, either directly or indirectly, make or guarantee a loan to an individual.\nGuarantee a loan includes provide a security in connection with a loan.\nThe councillors who knowingly agree to loan the money are jointly and severally liable to pay the council—\nthe amount of the loan; and\ninterest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the council in relation to the loan.\nThose amounts may be recovered as a debt payable to the council.\n(sec.108-ssec.1) The council must not, either directly or indirectly, make or guarantee a loan to an individual.\n(sec.108-ssec.2) Guarantee a loan includes provide a security in connection with a loan.\n(sec.108-ssec.3) The councillors who knowingly agree to loan the money are jointly and severally liable to pay the council— the amount of the loan; and interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the loan.\n(sec.108-ssec.4) Those amounts may be recovered as a debt payable to the council.\n- (a) the amount of the loan; and\n- (b) interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the council in relation to the loan.","sortOrder":142},{"sectionNumber":"sec.109","sectionType":"section","heading":"Councillors liable for improper borrowings","content":"### sec.109 Councillors liable for improper borrowings\n\nThis section applies if the council borrows money—\nfor a purpose that is not for the good rule and government of Brisbane; or\nin contravention of this Act or the Statutory Bodies Financial Arrangements Act .\nThe councillors who knowingly agree to borrow the money are jointly and severally liable to pay the council—\nthe amount borrowed; and\ninterest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the council in relation to the borrowing.\nThose amounts may be recovered as a debt payable to the council.\nThis section applies despite—\nthe fact that a security was issued for the borrowing; or\nthe Statutory Bodies Financial Arrangements Act .\n(sec.109-ssec.1) This section applies if the council borrows money— for a purpose that is not for the good rule and government of Brisbane; or in contravention of this Act or the Statutory Bodies Financial Arrangements Act .\n(sec.109-ssec.2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the council— the amount borrowed; and interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the council in relation to the borrowing.\n(sec.109-ssec.3) Those amounts may be recovered as a debt payable to the council.\n(sec.109-ssec.4) This section applies despite— the fact that a security was issued for the borrowing; or the Statutory Bodies Financial Arrangements Act .\n- (a) for a purpose that is not for the good rule and government of Brisbane; or\n- (b) in contravention of this Act or the Statutory Bodies Financial Arrangements Act .\n- (a) the amount borrowed; and\n- (b) interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the council in relation to the borrowing.\n- (a) the fact that a security was issued for the borrowing; or\n- (b) the Statutory Bodies Financial Arrangements Act .","sortOrder":143},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2019 No. 30 s 19","sortOrder":145},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2019 No. 30 s 19","sortOrder":146},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 sub 2012 No. 33 s 32\nom 2019 No. 30 s 19","sortOrder":147},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2019 No. 30 s 19","sortOrder":148},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Monitoring and enforcement powers","content":"# Monitoring and enforcement powers","sortOrder":149},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":150},{"sectionNumber":"sec.114","sectionType":"section","heading":"What this division is about","content":"### sec.114 What this division is about\n\nThis division is about the powers that may be used by an authorised person.\nAn authorised person is a person who is appointed under this Act to ensure members of the public comply with the local government related laws.\nSee chapter 6 , part 5 for more information about the appointment of authorised persons.\nThe powers of an authorised person include the power, in certain circumstances—\nto ask a person for their name and address; and\nto enter a property, including private property.\nPrivate property is a property that is not a public place.\nA public place is a place, or that part of a place, that—\nis open to the public; or\nis used by the public; or\nthe public is entitled to use;\nwhether or not on payment of money.\nA person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.\nAn occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.\nForce must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.\n(sec.114-ssec.1) This division is about the powers that may be used by an authorised person.\n(sec.114-ssec.2) An authorised person is a person who is appointed under this Act to ensure members of the public comply with the local government related laws. See chapter 6 , part 5 for more information about the appointment of authorised persons.\n(sec.114-ssec.3) The powers of an authorised person include the power, in certain circumstances— to ask a person for their name and address; and to enter a property, including private property.\n(sec.114-ssec.4) Private property is a property that is not a public place.\n(sec.114-ssec.5) A public place is a place, or that part of a place, that— is open to the public; or is used by the public; or the public is entitled to use; whether or not on payment of money. A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.\n(sec.114-ssec.6) An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.\n(sec.114-ssec.7) Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.\n- (a) to ask a person for their name and address; and\n- (b) to enter a property, including private property.\n- (a) is open to the public; or\n- (b) is used by the public; or\n- (c) the public is entitled to use;","sortOrder":151},{"sectionNumber":"sec.115","sectionType":"section","heading":"Producing authorised person’s identity card","content":"### sec.115 Producing authorised person’s identity card\n\nAn authorised person may exercise a power under this division, in relation to a person, only if the authorised person—\nfirst produces his or her identity card for the person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.115-ssec.1) An authorised person may exercise a power under this division, in relation to a person, only if the authorised person— first produces his or her identity card for the person to inspect; or has his or her identity card displayed so it is clearly visible to the person.\n(sec.115-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the person.","sortOrder":152},{"sectionNumber":"sec.116","sectionType":"section","heading":"Power to require a person’s name and address","content":"### sec.116 Power to require a person’s name and address\n\nThis section applies if an authorised person—\nfinds a person committing an infringement notice offence; or\nfinds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or\nhas information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.\nAn infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.\nThe authorised person may require the person to state the person’s name and address.\nIf the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.\nThe person must comply with an authorised person’s requirement under subsection (3) or (5) , unless the person has a reasonable excuse.\nMaximum penalty—35 penalty units.\nHowever, the person does not commit an offence under subsection (6) , if the person is not proved to have committed the infringement notice offence.\n(sec.116-ssec.1) This section applies if an authorised person— finds a person committing an infringement notice offence; or finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.\n(sec.116-ssec.2) An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.\n(sec.116-ssec.3) The authorised person may require the person to state the person’s name and address.\n(sec.116-ssec.4) If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\n(sec.116-ssec.5) The authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.\n(sec.116-ssec.6) The person must comply with an authorised person’s requirement under subsection (3) or (5) , unless the person has a reasonable excuse. Maximum penalty—35 penalty units.\n(sec.116-ssec.7) However, the person does not commit an offence under subsection (6) , if the person is not proved to have committed the infringement notice offence.\n- (a) finds a person committing an infringement notice offence; or\n- (b) finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or\n- (c) has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.","sortOrder":153},{"sectionNumber":"sec.117","sectionType":"section","heading":"Entering a public place that is open without the need for permission","content":"### sec.117 Entering a public place that is open without the need for permission\n\nThis section applies if an authorised person wants to enter a public place to ensure the public place complies with the local government related laws.\nThe authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example).\n(sec.117-ssec.1) This section applies if an authorised person wants to enter a public place to ensure the public place complies with the local government related laws.\n(sec.117-ssec.2) The authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example).","sortOrder":154},{"sectionNumber":"sec.118","sectionType":"section","heading":"Entering private property with, and in accordance with, the occupier’s permission","content":"### sec.118 Entering private property with, and in accordance with, the occupier’s permission\n\nAn authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a local government related law.\nWhen asking the occupier for permission, the authorised person must inform the occupier—\nof the purpose of entering the property; and\nthat any thing or information that the authorised person finds on the property may be used as evidence in court; and\nthat the occupier is not obliged to give permission.\nIf the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.\nThe document must state—\nthat the authorised person informed the occupier—\nof the purpose of entering the property; and\nthat any thing or information that the authorised person finds on the property may be used as evidence in court; and\nthat the occupier was not obliged to give the permission; and\nthat the occupier gave the authorised person permission to enter the property and exercise powers under a local government related law; and\nthe date and time when the occupier gave the permission.\nIf the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.\nIf, in any proceedings—\na question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and\na document that confirms the occupier gave permission is not produced in evidence;\nthe court may assume that the occupier did not give the permission, unless the contrary is proved.\nIf the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\nHowever, the right to stay on the property—\nis subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\nmay be cancelled by the occupier at any time.\n(sec.118-ssec.1) An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a local government related law.\n(sec.118-ssec.2) When asking the occupier for permission, the authorised person must inform the occupier— of the purpose of entering the property; and that any thing or information that the authorised person finds on the property may be used as evidence in court; and that the occupier is not obliged to give permission.\n(sec.118-ssec.3) If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.\n(sec.118-ssec.4) The document must state— that the authorised person informed the occupier— of the purpose of entering the property; and that any thing or information that the authorised person finds on the property may be used as evidence in court; and that the occupier was not obliged to give the permission; and that the occupier gave the authorised person permission to enter the property and exercise powers under a local government related law; and the date and time when the occupier gave the permission.\n(sec.118-ssec.5) If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.\n(sec.118-ssec.6) If, in any proceedings— a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and a document that confirms the occupier gave permission is not produced in evidence; the court may assume that the occupier did not give the permission, unless the contrary is proved.\n(sec.118-ssec.7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\n(sec.118-ssec.8) However, the right to stay on the property— is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and may be cancelled by the occupier at any time.\n- (a) of the purpose of entering the property; and\n- (b) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (c) that the occupier is not obliged to give permission.\n- (a) that the authorised person informed the occupier— (i) of the purpose of entering the property; and (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (iii) that the occupier was not obliged to give the permission; and\n- (i) of the purpose of entering the property; and\n- (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (iii) that the occupier was not obliged to give the permission; and\n- (b) that the occupier gave the authorised person permission to enter the property and exercise powers under a local government related law; and\n- (c) the date and time when the occupier gave the permission.\n- (i) of the purpose of entering the property; and\n- (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (iii) that the occupier was not obliged to give the permission; and\n- (a) a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and\n- (b) a document that confirms the occupier gave permission is not produced in evidence;\n- (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\n- (b) may be cancelled by the occupier at any time.","sortOrder":155},{"sectionNumber":"sec.119","sectionType":"section","heading":"Entering private property with, and in accordance with, a warrant","content":"### sec.119 Entering private property with, and in accordance with, a warrant\n\nAn authorised person may enter private property with, and in accordance with, a warrant.\nAn authorised person must apply to a magistrate for a warrant.\nThe application for the warrant must—\nbe in the form approved by the department’s chief executive; and\nbe sworn; and\nstate the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires.\nThe magistrate may require additional information in support of the application to be given by statutory declaration.\nThe magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting—\nthere is a particular thing or activity that may provide evidence of an offence against a local government related law (the evidence ); and\nthe evidence is at the place, or may be at the place within the next 7 days.\nThe warrant must state—\nthe evidence for which the warrant is issued; and\nthat the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and\nthe hours of the day or night when the property may be entered; and\nthe day (within 14 days after the warrant’s issue) when the warrant ends.\nThe magistrate must keep a record of the reasons for issuing the warrant.\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 120 , unless the defect affects the substance of the warrant in a material particular.\nAs soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the warrant authorises the authorised person to enter the property without the permission of the occupier;\ngive any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\nHowever, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.\n(sec.119-ssec.1) An authorised person may enter private property with, and in accordance with, a warrant.\n(sec.119-ssec.2) An authorised person must apply to a magistrate for a warrant.\n(sec.119-ssec.3) The application for the warrant must— be in the form approved by the department’s chief executive; and be sworn; and state the grounds on which the warrant is sought.\n(sec.119-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires. The magistrate may require additional information in support of the application to be given by statutory declaration.\n(sec.119-ssec.5) The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting— there is a particular thing or activity that may provide evidence of an offence against a local government related law (the evidence ); and the evidence is at the place, or may be at the place within the next 7 days.\n(sec.119-ssec.6) The warrant must state— the evidence for which the warrant is issued; and that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and the hours of the day or night when the property may be entered; and the day (within 14 days after the warrant’s issue) when the warrant ends.\n(sec.119-ssec.7) The magistrate must keep a record of the reasons for issuing the warrant.\n(sec.119-ssec.8) A warrant is not invalidated by a defect in the warrant, or in compliance with section 120 , unless the defect affects the substance of the warrant in a material particular.\n(sec.119-ssec.9) As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things— inform any occupier of the property— of the reason for entering the property; and that the warrant authorises the authorised person to enter the property without the permission of the occupier; give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\n(sec.119-ssec.10) However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.\n- (a) be in the form approved by the department’s chief executive; and\n- (b) be sworn; and\n- (c) state the grounds on which the warrant is sought.\n- (a) there is a particular thing or activity that may provide evidence of an offence against a local government related law (the evidence ); and\n- (b) the evidence is at the place, or may be at the place within the next 7 days.\n- (a) the evidence for which the warrant is issued; and\n- (b) that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and\n- (c) the hours of the day or night when the property may be entered; and\n- (d) the day (within 14 days after the warrant’s issue) when the warrant ends.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;\n- (i) of the reason for entering the property; and\n- (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;\n- (b) give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\n- (i) of the reason for entering the property; and\n- (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;","sortOrder":156},{"sectionNumber":"sec.120","sectionType":"section","heading":"Warrants—applications made electronically","content":"### sec.120 Warrants—applications made electronically\n\nAn authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of—\nurgent circumstances; or\nspecial circumstances (including the authorised person’s remote location, for example).\nAn electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.\nThe authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.\nHowever, the authorised person may apply for the warrant before the application is sworn.\nThe magistrate may issue the warrant only if the magistrate is satisfied that—\nit was necessary to make the application electronically; and\nthe way that the application was made was appropriate in the circumstances.\nIf the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.\nIf it is not reasonably practicable to send a copy of the warrant to the authorised person—\nthe magistrate must—\ninform the authorised person of the date and time when the magistrate signed the warrant; and\ninform the authorised person of the terms of the warrant; and\nthe authorised person must write on a warrant form—\nthe magistrate’s name; and\nthe date and time when the magistrate signed the warrant; and\nthe terms of the warrant.\nThe copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.\nThe authorised person must, at the first reasonable opportunity, send the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nWhen the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.\nUnless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—\na question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and\nthe warrant is not produced in evidence.\n(sec.120-ssec.1) An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of— urgent circumstances; or special circumstances (including the authorised person’s remote location, for example).\n(sec.120-ssec.2) An electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.\n(sec.120-ssec.3) The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.\n(sec.120-ssec.4) However, the authorised person may apply for the warrant before the application is sworn.\n(sec.120-ssec.5) The magistrate may issue the warrant only if the magistrate is satisfied that— it was necessary to make the application electronically; and the way that the application was made was appropriate in the circumstances.\n(sec.120-ssec.6) If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.\n(sec.120-ssec.7) If it is not reasonably practicable to send a copy of the warrant to the authorised person— the magistrate must— inform the authorised person of the date and time when the magistrate signed the warrant; and inform the authorised person of the terms of the warrant; and the authorised person must write on a warrant form— the magistrate’s name; and the date and time when the magistrate signed the warrant; and the terms of the warrant.\n(sec.120-ssec.8) The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.\n(sec.120-ssec.9) The authorised person must, at the first reasonable opportunity, send the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.120-ssec.10) When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.\n(sec.120-ssec.11) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and the warrant is not produced in evidence.\n- (a) urgent circumstances; or\n- (b) special circumstances (including the authorised person’s remote location, for example).\n- (a) it was necessary to make the application electronically; and\n- (b) the way that the application was made was appropriate in the circumstances.\n- (a) the magistrate must— (i) inform the authorised person of the date and time when the magistrate signed the warrant; and (ii) inform the authorised person of the terms of the warrant; and\n- (i) inform the authorised person of the date and time when the magistrate signed the warrant; and\n- (ii) inform the authorised person of the terms of the warrant; and\n- (b) the authorised person must write on a warrant form— (i) the magistrate’s name; and (ii) the date and time when the magistrate signed the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time when the magistrate signed the warrant; and\n- (iii) the terms of the warrant.\n- (i) inform the authorised person of the date and time when the magistrate signed the warrant; and\n- (ii) inform the authorised person of the terms of the warrant; and\n- (i) the magistrate’s name; and\n- (ii) the date and time when the magistrate signed the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and\n- (b) the warrant is not produced in evidence.","sortOrder":157},{"sectionNumber":"sec.121","sectionType":"section","heading":"Entering under an application, permit or notice","content":"### sec.121 Entering under an application, permit or notice\n\nThis section applies if an authorised person wants to enter a property—\nto inspect the property in order to process an application made under any local government related law; or\nto inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or\nto find out whether the conditions on which a permit or notice was issued have been complied with; or\nto inspect work that is the subject of, or was carried out under, a permit or notice.\nA permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any local government related law.\nA notice is a notice issued under any local government related law.\nThe authorised person may enter the property without the permission of the occupier of the property—\nat any reasonable time during the day; or\nat night, if—\nthe occupier of the property asks the authorised person to enter the property at that time; or\nthe conditions of the permit allow the authorised person to enter the property at that time; or\nthe property is a public place and is not closed to the public.\nHowever, the authorised person—\nmust, as soon as the authorised person enters the property, inform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nmay enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\ns 121 amd 2012 No. 3 s 132 sch\n(sec.121-ssec.1) This section applies if an authorised person wants to enter a property— to inspect the property in order to process an application made under any local government related law; or to inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or to find out whether the conditions on which a permit or notice was issued have been complied with; or to inspect work that is the subject of, or was carried out under, a permit or notice.\n(sec.121-ssec.2) A permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any local government related law.\n(sec.121-ssec.3) A notice is a notice issued under any local government related law.\n(sec.121-ssec.4) The authorised person may enter the property without the permission of the occupier of the property— at any reasonable time during the day; or at night, if— the occupier of the property asks the authorised person to enter the property at that time; or the conditions of the permit allow the authorised person to enter the property at that time; or the property is a public place and is not closed to the public.\n(sec.121-ssec.5) However, the authorised person— must, as soon as the authorised person enters the property, inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\n- (a) to inspect the property in order to process an application made under any local government related law; or\n- (b) to inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or\n- (c) to find out whether the conditions on which a permit or notice was issued have been complied with; or\n- (d) to inspect work that is the subject of, or was carried out under, a permit or notice.\n- (a) at any reasonable time during the day; or\n- (b) at night, if— (i) the occupier of the property asks the authorised person to enter the property at that time; or (ii) the conditions of the permit allow the authorised person to enter the property at that time; or (iii) the property is a public place and is not closed to the public.\n- (i) the occupier of the property asks the authorised person to enter the property at that time; or\n- (ii) the conditions of the permit allow the authorised person to enter the property at that time; or\n- (iii) the property is a public place and is not closed to the public.\n- (i) the occupier of the property asks the authorised person to enter the property at that time; or\n- (ii) the conditions of the permit allow the authorised person to enter the property at that time; or\n- (iii) the property is a public place and is not closed to the public.\n- (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":158},{"sectionNumber":"sec.122","sectionType":"section","heading":"Entering property under an approved inspection program","content":"### sec.122 Entering property under an approved inspection program\n\nAn authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.\nAn approved inspection program is a program, approved by the council, under which an authorised person may enter and inspect properties in Brisbane to ensure the local government related laws are being complied with.\nThe council must give, or must make a reasonable attempt to give, the occupier of the property a written notice that informs the occupier of the following—\nthe council’s intention to enter the property;\nthe reason for entering the property;\nan estimation of when the property will be entered.\nThe council may give the written notice to an occupier of a property by dropping a flyer in the letterbox for the property.\nThe council must give, or make a reasonable attempt to give, the written notice to the occupier within a reasonable time before the property is to be entered.\nThe authorised person—\nmust, as soon as the authorised person enters the property, inform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nmay enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\n(sec.122-ssec.1) An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.\n(sec.122-ssec.2) An approved inspection program is a program, approved by the council, under which an authorised person may enter and inspect properties in Brisbane to ensure the local government related laws are being complied with.\n(sec.122-ssec.3) The council must give, or must make a reasonable attempt to give, the occupier of the property a written notice that informs the occupier of the following— the council’s intention to enter the property; the reason for entering the property; an estimation of when the property will be entered. The council may give the written notice to an occupier of a property by dropping a flyer in the letterbox for the property.\n(sec.122-ssec.4) The council must give, or make a reasonable attempt to give, the written notice to the occupier within a reasonable time before the property is to be entered.\n(sec.122-ssec.5) The authorised person— must, as soon as the authorised person enters the property, inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and may enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\n- (a) the council’s intention to enter the property;\n- (b) the reason for entering the property;\n- (c) an estimation of when the property will be entered.\n- (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) may enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":159},{"sectionNumber":"sec.123","sectionType":"section","heading":"Approving an inspection program","content":"### sec.123 Approving an inspection program\n\nThe council may, by resolution, approve the following types of inspection programs—\na systematic inspection program;\na selective inspection program.\nA systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in Brisbane.\nA selective inspection program allows an authorised person to enter and inspect those properties in Brisbane that have been selected in accordance with objective criteria specified in the resolution.\nThe resolution must state—\nthe purpose of the program; and\nwhen the program starts; and\nfor a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and\nfor a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and\nthe period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\nThe council must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts.\nThe notice must be published—\non the council’s website; and\nin other ways the council considers appropriate.\nThe notice must state the following—\nthat the notice is made by the council;\nthe purpose and scope of the program, in general terms;\nwhen the program starts;\nthe period over which the program is to be carried out;\nthat the public may view a copy of the resolution that approved the program at the council’s public office until the end of the program;\nthat a copy of the resolution that approved the program may be purchased at the council’s public office until the end of the program;\nthe price of a copy of the resolution that approved the program.\nThe price of a copy of the resolution that approved the program must be no more than the cost to the council of making the copy available for purchase.\nFrom the time when the notice is published under subsection (6) until the end of the program—\nthe public may view a copy of the resolution that approved the program at the council’s public office; and\ncopies of the resolution that approved the program must be available for purchase at the council’s public office at the price stated in the notice.\ns 123 amd 2023 No. 30 s 5\n(sec.123-ssec.1) The council may, by resolution, approve the following types of inspection programs— a systematic inspection program; a selective inspection program.\n(sec.123-ssec.2) A systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in Brisbane.\n(sec.123-ssec.3) A selective inspection program allows an authorised person to enter and inspect those properties in Brisbane that have been selected in accordance with objective criteria specified in the resolution.\n(sec.123-ssec.4) The resolution must state— the purpose of the program; and when the program starts; and for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\n(sec.123-ssec.5) The council must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts.\n(sec.123-ssec.6) The notice must be published— on the council’s website; and in other ways the council considers appropriate.\n(sec.123-ssec.7) The notice must state the following— that the notice is made by the council; the purpose and scope of the program, in general terms; when the program starts; the period over which the program is to be carried out; that the public may view a copy of the resolution that approved the program at the council’s public office until the end of the program; that a copy of the resolution that approved the program may be purchased at the council’s public office until the end of the program; the price of a copy of the resolution that approved the program.\n(sec.123-ssec.8) The price of a copy of the resolution that approved the program must be no more than the cost to the council of making the copy available for purchase.\n(sec.123-ssec.9) From the time when the notice is published under subsection (6) until the end of the program— the public may view a copy of the resolution that approved the program at the council’s public office; and copies of the resolution that approved the program must be available for purchase at the council’s public office at the price stated in the notice.\n- (a) a systematic inspection program;\n- (b) a selective inspection program.\n- (a) the purpose of the program; and\n- (b) when the program starts; and\n- (c) for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and\n- (d) for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and\n- (e) the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\n- (a) on the council’s website; and\n- (b) in other ways the council considers appropriate.\n- (a) that the notice is made by the council;\n- (b) the purpose and scope of the program, in general terms;\n- (c) when the program starts;\n- (d) the period over which the program is to be carried out;\n- (e) that the public may view a copy of the resolution that approved the program at the council’s public office until the end of the program;\n- (f) that a copy of the resolution that approved the program may be purchased at the council’s public office until the end of the program;\n- (g) the price of a copy of the resolution that approved the program.\n- (a) the public may view a copy of the resolution that approved the program at the council’s public office; and\n- (b) copies of the resolution that approved the program must be available for purchase at the council’s public office at the price stated in the notice.","sortOrder":160},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Entry by authorised person, at reasonable times, to inspect regulated pools","content":"### sec.123A Entry by authorised person, at reasonable times, to inspect regulated pools\n\nAt all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with—\nif, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or\nif paragraph (a) does not apply—a provision of a law that regulates—\nthe construction or maintenance of barriers or fencing for the pool; or\nanother matter relating to the safety of persons using the pool.\nHowever, the authorised person must, as soon as the authorised person enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nIn this section—\npool safety standard see the Building Act , section 231D .\ns 123A ins 2010 No. 35 s 35\n(sec.123A-ssec.1) At all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with— if, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or if paragraph (a) does not apply—a provision of a law that regulates— the construction or maintenance of barriers or fencing for the pool; or another matter relating to the safety of persons using the pool.\n(sec.123A-ssec.2) However, the authorised person must, as soon as the authorised person enters the property— inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.123A-ssec.3) In this section— pool safety standard see the Building Act , section 231D .\n- (a) if, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or\n- (b) if paragraph (a) does not apply—a provision of a law that regulates— (i) the construction or maintenance of barriers or fencing for the pool; or (ii) another matter relating to the safety of persons using the pool.\n- (i) the construction or maintenance of barriers or fencing for the pool; or\n- (ii) another matter relating to the safety of persons using the pool.\n- (i) the construction or maintenance of barriers or fencing for the pool; or\n- (ii) another matter relating to the safety of persons using the pool.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":161},{"sectionNumber":"sec.124","sectionType":"section","heading":"General powers after entering a property","content":"### sec.124 General powers after entering a property\n\nThis section explains the powers that an authorised person has after entering a property, other than entering a property—\nto ask the occupier of the property for permission to stay on the property; or\nunder section 121 , 122 or 123A .\nThe authorised person may—\nsearch any part of the property; or\ninspect, test, photograph or film anything that is in or on the property; or\ncopy a document that is in or on the property; or\ntake samples of or from anything that is in or on the property; or\ntake into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or\nrequire the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\nAn authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.\nIf a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—8 penalty units.\nIf the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.\ns 124 amd 2010 No. 35 s 36\n(sec.124-ssec.1) This section explains the powers that an authorised person has after entering a property, other than entering a property— to ask the occupier of the property for permission to stay on the property; or under section 121 , 122 or 123A .\n(sec.124-ssec.2) The authorised person may— search any part of the property; or inspect, test, photograph or film anything that is in or on the property; or copy a document that is in or on the property; or take samples of or from anything that is in or on the property; or take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\n(sec.124-ssec.3) An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.\n(sec.124-ssec.4) If a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units.\n(sec.124-ssec.5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.\n- (a) to ask the occupier of the property for permission to stay on the property; or\n- (b) under section 121 , 122 or 123A .\n- (a) search any part of the property; or\n- (b) inspect, test, photograph or film anything that is in or on the property; or\n- (c) copy a document that is in or on the property; or\n- (d) take samples of or from anything that is in or on the property; or\n- (e) take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or\n- (f) require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .","sortOrder":162},{"sectionNumber":"sec.125","sectionType":"section","heading":"Authorised person to give notice of damage","content":"### sec.125 Authorised person to give notice of damage\n\nThis section applies if—\nsomething is damaged by—\nan authorised person, when the authorised person exercises a power under this division; or\na person who is authorised by an authorised person to take action under this division, when the person takes the action; or\nthe authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\nThe authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.\nHowever, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.\nThe owner of a thing includes a person in possession or control of the thing.\nIf the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.\n(sec.125-ssec.1) This section applies if— something is damaged by— an authorised person, when the authorised person exercises a power under this division; or a person who is authorised by an authorised person to take action under this division, when the person takes the action; or the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\n(sec.125-ssec.2) The authorised person must immediately give written notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.\n(sec.125-ssec.3) However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.\n(sec.125-ssec.4) The owner of a thing includes a person in possession or control of the thing.\n(sec.125-ssec.5) If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.\n- (a) something is damaged by— (i) an authorised person, when the authorised person exercises a power under this division; or (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or\n- (i) an authorised person, when the authorised person exercises a power under this division; or\n- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or\n- (b) the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\n- (i) an authorised person, when the authorised person exercises a power under this division; or\n- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or","sortOrder":163},{"sectionNumber":"sec.126","sectionType":"section","heading":"Compensation for damage or loss caused after entry","content":"### sec.126 Compensation for damage or loss caused after entry\n\nIf a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the council must pay the person compensation.\nThe compensation equals—\nthe amount agreed between the person and the council; or\nif the person and the council can not agree, the amount that is decided by a court.\nThe person may claim the compensation in—\nany proceedings for compensation; or\nany proceedings brought against the person for an offence against any local government related law.\nA court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\nThe court may make any order about costs that the court considers just.\n(sec.126-ssec.1) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the council must pay the person compensation.\n(sec.126-ssec.2) The compensation equals— the amount agreed between the person and the council; or if the person and the council can not agree, the amount that is decided by a court.\n(sec.126-ssec.3) The person may claim the compensation in— any proceedings for compensation; or any proceedings brought against the person for an offence against any local government related law.\n(sec.126-ssec.4) A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.\n(sec.126-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.126-ssec.6) The court may make any order about costs that the court considers just.\n- (a) the amount agreed between the person and the council; or\n- (b) if the person and the council can not agree, the amount that is decided by a court.\n- (a) any proceedings for compensation; or\n- (b) any proceedings brought against the person for an offence against any local government related law.","sortOrder":164},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Powers of other persons","content":"## Powers of other persons","sortOrder":165},{"sectionNumber":"sec.127","sectionType":"section","heading":"What this division is about","content":"### sec.127 What this division is about\n\nThis division is about the powers that may be used—\nto enable the council to perform its responsibilities; or\nto ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice.\nThis division explains the circumstances in which a person is authorised to enter a property under this division, namely—\nin a potentially dangerous situation, to take urgent action; or\nto take action in relation to council facilities on the property (including water or sewerage pipes, for example); or\nwith (and in accordance with) the permission of the occupier of the property; or\nwith (and in accordance with) a court order; or\nwith (and in accordance with) a reasonable entry notice.\nThe following persons may enter a property under this division—\nif the occupier of the property is not the owner of the property—the owner or the owner’s employee;\na council worker.\nA council worker is an employee, or agent, of the council who is authorised by the council to act under this division.\nNot every employee or agent of the council would ordinarily be authorised to act under this division.\nHowever, the council may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.\nForce must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.\ns 127 amd 2012 No. 33 s 33\n(sec.127-ssec.1) This division is about the powers that may be used— to enable the council to perform its responsibilities; or to ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice.\n(sec.127-ssec.2) This division explains the circumstances in which a person is authorised to enter a property under this division, namely— in a potentially dangerous situation, to take urgent action; or to take action in relation to council facilities on the property (including water or sewerage pipes, for example); or with (and in accordance with) the permission of the occupier of the property; or with (and in accordance with) a court order; or with (and in accordance with) a reasonable entry notice.\n(sec.127-ssec.3) The following persons may enter a property under this division— if the occupier of the property is not the owner of the property—the owner or the owner’s employee; a council worker.\n(sec.127-ssec.4) A council worker is an employee, or agent, of the council who is authorised by the council to act under this division. Not every employee or agent of the council would ordinarily be authorised to act under this division.\n(sec.127-ssec.5) However, the council may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.\n(sec.127-ssec.6) Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.\n- (a) to enable the council to perform its responsibilities; or\n- (b) to ensure a person complies with this Act, and the other local government related laws, including by complying with a remedial notice.\n- (a) in a potentially dangerous situation, to take urgent action; or\n- (b) to take action in relation to council facilities on the property (including water or sewerage pipes, for example); or\n- (c) with (and in accordance with) the permission of the occupier of the property; or\n- (d) with (and in accordance with) a court order; or\n- (e) with (and in accordance with) a reasonable entry notice.\n- (a) if the occupier of the property is not the owner of the property—the owner or the owner’s employee;\n- (b) a council worker.","sortOrder":166},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Notices for this division","content":"### sec.127A Notices for this division\n\nA remedial notice is a written notice that requires the owner or occupier of a property to take action under a local government related law in relation to the property (including fencing a pool, for example).\nA remedial notice may only be given by the council to the person who, under a local government related law, is required to take the action stated in the notice.\nA reasonable entry notice is a written notice about a proposed entry of a property that—\ninforms the owner or occupier of the property of—\nwho is to enter the property; and\nthe reason for entering the property; and\nthe days and times when the property is to be entered; and\nis given to the owner or occupier of the property at least 7 days before the property is proposed to be entered.\nA remedial notice and a reasonable entry notice may not be combined unless—\nthe owner of the property is also the occupier of the property; or\nthe occupier of the property is the person who, under a local government related law, is required to take the action stated in the remedial notice.\nA notice given under this division in contravention of this section is of no effect.\ns 127A ins 2012 No. 33 s 34\n(sec.127A-ssec.1) A remedial notice is a written notice that requires the owner or occupier of a property to take action under a local government related law in relation to the property (including fencing a pool, for example).\n(sec.127A-ssec.2) A remedial notice may only be given by the council to the person who, under a local government related law, is required to take the action stated in the notice.\n(sec.127A-ssec.3) A reasonable entry notice is a written notice about a proposed entry of a property that— informs the owner or occupier of the property of— who is to enter the property; and the reason for entering the property; and the days and times when the property is to be entered; and is given to the owner or occupier of the property at least 7 days before the property is proposed to be entered.\n(sec.127A-ssec.4) A remedial notice and a reasonable entry notice may not be combined unless— the owner of the property is also the occupier of the property; or the occupier of the property is the person who, under a local government related law, is required to take the action stated in the remedial notice.\n(sec.127A-ssec.5) A notice given under this division in contravention of this section is of no effect.\n- (a) informs the owner or occupier of the property of— (i) who is to enter the property; and (ii) the reason for entering the property; and (iii) the days and times when the property is to be entered; and\n- (i) who is to enter the property; and\n- (ii) the reason for entering the property; and\n- (iii) the days and times when the property is to be entered; and\n- (b) is given to the owner or occupier of the property at least 7 days before the property is proposed to be entered.\n- (i) who is to enter the property; and\n- (ii) the reason for entering the property; and\n- (iii) the days and times when the property is to be entered; and\n- (a) the owner of the property is also the occupier of the property; or\n- (b) the occupier of the property is the person who, under a local government related law, is required to take the action stated in the remedial notice.","sortOrder":167},{"sectionNumber":"sec.128","sectionType":"section","heading":"Identity card for use under this division","content":"### sec.128 Identity card for use under this division\n\nThe council is not required to give a council worker an identity card unless the worker is exercising a power of entry under this division.\nThis section does not stop a single identity card being issued to a person for this Act and for another purpose.\nA person who stops being a council worker must return the person’s identity card to the council within 21 days after stopping being a council worker, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\ns 128 amd 2012 No. 33 s 35\n(sec.128-ssec.1) The council is not required to give a council worker an identity card unless the worker is exercising a power of entry under this division.\n(sec.128-ssec.2) This section does not stop a single identity card being issued to a person for this Act and for another purpose.\n(sec.128-ssec.3) A person who stops being a council worker must return the person’s identity card to the council within 21 days after stopping being a council worker, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":168},{"sectionNumber":"sec.129","sectionType":"section","heading":"Entry with, and in accordance with, permission of occupier","content":"### sec.129 Entry with, and in accordance with, permission of occupier\n\nAny person may enter a property with the permission of the occupier of the property.\nHowever, the right to enter the property—\nis subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\nmay be cancelled by the occupier at any time.\n(sec.129-ssec.1) Any person may enter a property with the permission of the occupier of the property.\n(sec.129-ssec.2) However, the right to enter the property— is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and may be cancelled by the occupier at any time.\n- (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\n- (b) may be cancelled by the occupier at any time.","sortOrder":169},{"sectionNumber":"sec.130","sectionType":"section","heading":"Entry by an owner, with reasonable entry notice, under a remedial notice","content":"### sec.130 Entry by an owner, with reasonable entry notice, under a remedial notice\n\nThis section applies if—\nthe council gives a remedial notice to the owner of a property; and\nthe owner is not the occupier of the property.\nAfter the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may—\nenter the property at the times stated in the reasonable entry notice; and\ntake the action that is required under the remedial notice.\nIf the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice.\nThis section does not affect any rights that the owner has apart from this section.\ns 130 amd 2012 No. 33 s 36\n(sec.130-ssec.1) This section applies if— the council gives a remedial notice to the owner of a property; and the owner is not the occupier of the property.\n(sec.130-ssec.2) After the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may— enter the property at the times stated in the reasonable entry notice; and take the action that is required under the remedial notice.\n(sec.130-ssec.3) If the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice.\n(sec.130-ssec.4) This section does not affect any rights that the owner has apart from this section.\n- (a) the council gives a remedial notice to the owner of a property; and\n- (b) the owner is not the occupier of the property.\n- (a) enter the property at the times stated in the reasonable entry notice; and\n- (b) take the action that is required under the remedial notice.","sortOrder":170},{"sectionNumber":"sec.131","sectionType":"section","heading":"Occupier may discharge owner’s obligations","content":"### sec.131 Occupier may discharge owner’s obligations\n\nThis section applies if—\nthe owner of a property fails—\nto take the action in relation to the property that is required under a remedial notice; or\nto pay money that is payable in relation to the property under a local government related law (including rates, for example); and\nthe occupier of the property is not the owner of the property.\nThe occupier of the property may—\ntake the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or\npay the money that is payable, and recover the money as a debt payable by the owner.\nFor example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.\n(sec.131-ssec.1) This section applies if— the owner of a property fails— to take the action in relation to the property that is required under a remedial notice; or to pay money that is payable in relation to the property under a local government related law (including rates, for example); and the occupier of the property is not the owner of the property.\n(sec.131-ssec.2) The occupier of the property may— take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or pay the money that is payable, and recover the money as a debt payable by the owner.\n(sec.131-ssec.3) For example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.\n- (a) the owner of a property fails— (i) to take the action in relation to the property that is required under a remedial notice; or (ii) to pay money that is payable in relation to the property under a local government related law (including rates, for example); and\n- (i) to take the action in relation to the property that is required under a remedial notice; or\n- (ii) to pay money that is payable in relation to the property under a local government related law (including rates, for example); and\n- (b) the occupier of the property is not the owner of the property.\n- (i) to take the action in relation to the property that is required under a remedial notice; or\n- (ii) to pay money that is payable in relation to the property under a local government related law (including rates, for example); and\n- (a) take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or\n- (b) pay the money that is payable, and recover the money as a debt payable by the owner.","sortOrder":171},{"sectionNumber":"sec.132","sectionType":"section","heading":"Entry by a council worker, with reasonable entry notice, under a remedial notice","content":"### sec.132 Entry by a council worker, with reasonable entry notice, under a remedial notice\n\nThis section applies if—\nthe council gives a remedial notice to the owner or the occupier of a property (the responsible person ); and\nthe responsible person fails to take the action required under the remedial notice.\nAfter giving a reasonable entry notice to the occupier of the property, a council worker may—\nenter the property (other than a home on the property) without the permission of the occupier; and\ntake the action that is required under the remedial notice.\nHowever, the council worker must, as soon as the council worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the council worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nThe council may recover the amount that the council properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\nInterest is payable on the debt at the same rate that interest is payable on overdue rates levied by the council.\nThe council must give the person who failed to take the action written notice of the amount of the debt.\nSubsection (8) applies if the person who failed to take the action is the owner of the property.\nIf the debt is not paid within 30 days after the date of the written notice, the council may recover the debt as if the debt were overdue rates.\ns 132 amd 2012 No. 33 s 37\n(sec.132-ssec.1) This section applies if— the council gives a remedial notice to the owner or the occupier of a property (the responsible person ); and the responsible person fails to take the action required under the remedial notice.\n(sec.132-ssec.2) After giving a reasonable entry notice to the occupier of the property, a council worker may— enter the property (other than a home on the property) without the permission of the occupier; and take the action that is required under the remedial notice.\n(sec.132-ssec.3) However, the council worker must, as soon as the council worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the council worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.132-ssec.4) The council may recover the amount that the council properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\n(sec.132-ssec.5) Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the council.\n(sec.132-ssec.6) The council must give the person who failed to take the action written notice of the amount of the debt.\n(sec.132-ssec.7) Subsection (8) applies if the person who failed to take the action is the owner of the property.\n(sec.132-ssec.8) If the debt is not paid within 30 days after the date of the written notice, the council may recover the debt as if the debt were overdue rates.\n- (a) the council gives a remedial notice to the owner or the occupier of a property (the responsible person ); and\n- (b) the responsible person fails to take the action required under the remedial notice.\n- (a) enter the property (other than a home on the property) without the permission of the occupier; and\n- (b) take the action that is required under the remedial notice.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":172},{"sectionNumber":"sec.133","sectionType":"section","heading":"Entry by a council worker, with reasonable entry notice, to take materials","content":"### sec.133 Entry by a council worker, with reasonable entry notice, to take materials\n\nThis section applies if, in the circumstances, the council has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.\nRelevant land means land, other than protected land, that is—\nwithin Brisbane; or\nif the council has the written approval of the Minister, under section 11 (4) (b) (i) , to exercise its powers outside of Brisbane—outside of Brisbane; or\nif the council may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\nProtected land is land that is—\nthe site of, or curtilage around, a home or other structure; or\na court, lawn, park, planted walk or avenue or yard; or\nunder cultivation (including a garden, nursery or plantation, for example); or\na State forest or timber reserve under the Forestry Act ; or\na protected area under the Nature Conservation Act 1992 .\nAfter giving a reasonable entry notice to the owner and the occupier of the rateable land, a council worker may—\nenter the land without the permission of the occupier of the land; and\nsearch for materials that the council requires to perform its responsibilities; and\nremove the materials from the land.\nThe council may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain.\nHowever, the council worker must, as soon as the council worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the council worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nThe council worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).\ns 133 amd 2012 No. 33 s 38\n(sec.133-ssec.1) This section applies if, in the circumstances, the council has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.\n(sec.133-ssec.2) Relevant land means land, other than protected land, that is— within Brisbane; or if the council has the written approval of the Minister, under section 11 (4) (b) (i) , to exercise its powers outside of Brisbane—outside of Brisbane; or if the council may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\n(sec.133-ssec.3) Protected land is land that is— the site of, or curtilage around, a home or other structure; or a court, lawn, park, planted walk or avenue or yard; or under cultivation (including a garden, nursery or plantation, for example); or a State forest or timber reserve under the Forestry Act ; or a protected area under the Nature Conservation Act 1992 .\n(sec.133-ssec.4) After giving a reasonable entry notice to the owner and the occupier of the rateable land, a council worker may— enter the land without the permission of the occupier of the land; and search for materials that the council requires to perform its responsibilities; and remove the materials from the land. The council may remove dirt from the land for use in mopping up an oil spill on a neighbouring road to prevent the oil entering a stormwater drain.\n(sec.133-ssec.5) However, the council worker must, as soon as the council worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the council worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.133-ssec.6) The council worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).\n- (a) within Brisbane; or\n- (b) if the council has the written approval of the Minister, under section 11 (4) (b) (i) , to exercise its powers outside of Brisbane—outside of Brisbane; or\n- (c) if the council may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\n- (a) the site of, or curtilage around, a home or other structure; or\n- (b) a court, lawn, park, planted walk or avenue or yard; or\n- (c) under cultivation (including a garden, nursery or plantation, for example); or\n- (d) a State forest or timber reserve under the Forestry Act ; or\n- (e) a protected area under the Nature Conservation Act 1992 .\n- (a) enter the land without the permission of the occupier of the land; and\n- (b) search for materials that the council requires to perform its responsibilities; and\n- (c) remove the materials from the land.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":173},{"sectionNumber":"sec.134","sectionType":"section","heading":"Entry by a council worker, at reasonable times, to repair etc. facilities","content":"### sec.134 Entry by a council worker, at reasonable times, to repair etc. facilities\n\nAt all reasonable times, a council worker may enter a property (other than a home on the property) without the permission of the occupier of the property—\nto investigate the future installation of council facilities on, over or under the property; or\nto install council facilities on, over or under the property; or\nto inspect, maintain, operate, repair, replace or remove council facilities, that are on, over or under the property, for their routine operations.\nCouncil facilities are facilities that are installed by the council (including sewerage pipes, for example).\nHowever, the council worker must, as soon as the council worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the council worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\n(sec.134-ssec.1) At all reasonable times, a council worker may enter a property (other than a home on the property) without the permission of the occupier of the property— to investigate the future installation of council facilities on, over or under the property; or to install council facilities on, over or under the property; or to inspect, maintain, operate, repair, replace or remove council facilities, that are on, over or under the property, for their routine operations.\n(sec.134-ssec.2) Council facilities are facilities that are installed by the council (including sewerage pipes, for example).\n(sec.134-ssec.3) However, the council worker must, as soon as the council worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the council worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n- (a) to investigate the future installation of council facilities on, over or under the property; or\n- (b) to install council facilities on, over or under the property; or\n- (c) to inspect, maintain, operate, repair, replace or remove council facilities, that are on, over or under the property, for their routine operations.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":174},{"sectionNumber":"sec.135","sectionType":"section","heading":"Entry by a council worker, at any time, for urgent action","content":"### sec.135 Entry by a council worker, at any time, for urgent action\n\nA council worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes.\nA council worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property.\nHowever, the council worker must, as soon as reasonably practicable after the council worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the council worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\n(sec.135-ssec.1) A council worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes. A council worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property.\n(sec.135-ssec.2) However, the council worker must, as soon as reasonably practicable after the council worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the council worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the council worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":175},{"sectionNumber":"sec.136","sectionType":"section","heading":"Entry with, and in accordance with, a court order","content":"### sec.136 Entry with, and in accordance with, a court order\n\nA person may enter a property with, and in accordance with, a court order made under this section.\nThe person must apply to a magistrate for the court order.\nThe application must—\nbe in the form approved by the department’s chief executive; and\nbe sworn; and\nstate the grounds on which the court order is sought.\nThe person must, as soon as practicable, give a copy of the application to—\nif the person is not the owner of the property—the owner of the property; and\nthe occupier of the property.\nThe magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nIf the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the local government related laws, the magistrate may make the court order.\nThe court order must—\ndirect the occupier of the property to allow the person to enter the property and take all action that is necessary under any local government related law; and\nstate the hours of the day or night when the property may be entered; and\nstate the day (within 14 days after the court order is made) when the court order ends.\nIf the person who applied for the court order is a council worker, the court order may authorise the council worker to use necessary and reasonable help and force to enter the property.\nThe magistrate must record the reasons for making the court order.\nAs soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the person is authorised under the court order to enter the property without the permission of the occupier;\nif the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n(sec.136-ssec.1) A person may enter a property with, and in accordance with, a court order made under this section.\n(sec.136-ssec.2) The person must apply to a magistrate for the court order.\n(sec.136-ssec.3) The application must— be in the form approved by the department’s chief executive; and be sworn; and state the grounds on which the court order is sought.\n(sec.136-ssec.4) The person must, as soon as practicable, give a copy of the application to— if the person is not the owner of the property—the owner of the property; and the occupier of the property.\n(sec.136-ssec.5) The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.136-ssec.6) If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the local government related laws, the magistrate may make the court order.\n(sec.136-ssec.7) The court order must— direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any local government related law; and state the hours of the day or night when the property may be entered; and state the day (within 14 days after the court order is made) when the court order ends.\n(sec.136-ssec.8) If the person who applied for the court order is a council worker, the court order may authorise the council worker to use necessary and reasonable help and force to enter the property.\n(sec.136-ssec.9) The magistrate must record the reasons for making the court order.\n(sec.136-ssec.10) As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things— inform any occupier of the property— of the reason for entering the property; and that the person is authorised under the court order to enter the property without the permission of the occupier; if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n- (a) be in the form approved by the department’s chief executive; and\n- (b) be sworn; and\n- (c) state the grounds on which the court order is sought.\n- (a) if the person is not the owner of the property—the owner of the property; and\n- (b) the occupier of the property.\n- (a) direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any local government related law; and\n- (b) state the hours of the day or night when the property may be entered; and\n- (c) state the day (within 14 days after the court order is made) when the court order ends.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;\n- (i) of the reason for entering the property; and\n- (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;\n- (b) if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n- (i) of the reason for entering the property; and\n- (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;","sortOrder":176},{"sectionNumber":"sec.137","sectionType":"section","heading":"Compensation for damage or loss caused","content":"### sec.137 Compensation for damage or loss caused\n\nA council worker who enters a property—\nmust not cause, or contribute to, damage to any structure or works on the property; and\nmust take all reasonable steps to ensure the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\nIf a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the council must pay the person compensation.\nThe compensation equals—\nthe amount agreed between the person and the council; or\nif the person and the council can not agree, the amount that is decided by a court.\nThe court may make any order about costs that the court considers just.\n(sec.137-ssec.1) A council worker who enters a property— must not cause, or contribute to, damage to any structure or works on the property; and must take all reasonable steps to ensure the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\n(sec.137-ssec.2) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the council must pay the person compensation.\n(sec.137-ssec.3) The compensation equals— the amount agreed between the person and the council; or if the person and the council can not agree, the amount that is decided by a court.\n(sec.137-ssec.4) The court may make any order about costs that the court considers just.\n- (a) must not cause, or contribute to, damage to any structure or works on the property; and\n- (b) must take all reasonable steps to ensure the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\n- (a) the amount agreed between the person and the council; or\n- (b) if the person and the council can not agree, the amount that is decided by a court.","sortOrder":177},{"sectionNumber":"sec.138","sectionType":"section","heading":"Limitation of time in absence of notice of work done","content":"### sec.138 Limitation of time in absence of notice of work done\n\nThis section applies if work is done on a property without an approval that is required under a local government related law.\nFor the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a council worker first finds out about the work.\n(sec.138-ssec.1) This section applies if work is done on a property without an approval that is required under a local government related law.\n(sec.138-ssec.2) For the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a council worker first finds out about the work.","sortOrder":178},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Investigation of council records","content":"# Investigation of council records","sortOrder":179},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":180},{"sectionNumber":"sec.139","sectionType":"section","heading":"What this part is about","content":"### sec.139 What this part is about\n\nThis part is about investigations conducted by the department or the council into the accuracy of the council’s registers or records that are required to be kept under this Act or the Local Government Act , chapter 5A .\ns 139 amd 2019 No. 30 s 21","sortOrder":181},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Investigations by department","content":"## Investigations by department","sortOrder":182},{"sectionNumber":"sec.140","sectionType":"section","heading":"Producing authorised officer’s identity card","content":"### sec.140 Producing authorised officer’s identity card\n\nThis section applies if the department’s chief executive directs an authorised officer to exercise a power under this division.\nThe authorised officer may exercise the power, in relation to a person, only if the officer—\nfirst produces his or her identity card for the person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the person.\n(sec.140-ssec.1) This section applies if the department’s chief executive directs an authorised officer to exercise a power under this division.\n(sec.140-ssec.2) The authorised officer may exercise the power, in relation to a person, only if the officer— first produces his or her identity card for the person to inspect; or has his or her identity card displayed so it is clearly visible to the person.\n- (a) first produces his or her identity card for the person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the person.","sortOrder":183},{"sectionNumber":"sec.141","sectionType":"section","heading":"Making of inquiries for department","content":"### sec.141 Making of inquiries for department\n\nThis section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.\nAn authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.\n(sec.141-ssec.1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.\n(sec.141-ssec.2) An authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.","sortOrder":184},{"sectionNumber":"sec.142","sectionType":"section","heading":"Power to require information or document for department investigation","content":"### sec.142 Power to require information or document for department investigation\n\nThis section applies if the department’s chief executive suspects or believes, on reasonable grounds, that—\neither or both of the following apply—\ninformation included in a register or record of the council is incorrect because of an error or omission;\nan offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\na person—\nis able to give information about the error, omission or offence; or\nholds a document relating to the error, omission or offence.\nThe department’s chief executive or, if directed by the department’s chief executive, an authorised officer may require the person to give the information or produce the document.\nWhen making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\nIt is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.\nIf the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer—\nmay keep the document to take an extract from it or make a copy of it; and\nmust return the document to the person as soon as practicable after taking the extract or making the copy.\ns 142 amd 2019 No. 30 s 22\n(sec.142-ssec.1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that— either or both of the following apply— information included in a register or record of the council is incorrect because of an error or omission; an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and a person— is able to give information about the error, omission or offence; or holds a document relating to the error, omission or offence.\n(sec.142-ssec.2) The department’s chief executive or, if directed by the department’s chief executive, an authorised officer may require the person to give the information or produce the document.\n(sec.142-ssec.3) When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.142-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.142-ssec.5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\n(sec.142-ssec.6) It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.\n(sec.142-ssec.7) If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer— may keep the document to take an extract from it or make a copy of it; and must return the document to the person as soon as practicable after taking the extract or making the copy. s 142 amd 2019 No. 30 s 22\n- (a) either or both of the following apply— (i) information included in a register or record of the council is incorrect because of an error or omission; (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (i) information included in a register or record of the council is incorrect because of an error or omission;\n- (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence.\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (i) information included in a register or record of the council is incorrect because of an error or omission;\n- (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (a) may keep the document to take an extract from it or make a copy of it; and\n- (b) must return the document to the person as soon as practicable after taking the extract or making the copy.","sortOrder":185},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Investigations by council","content":"## Investigations by council","sortOrder":186},{"sectionNumber":"sec.143","sectionType":"section","heading":"Producing authorised person’s identity card","content":"### sec.143 Producing authorised person’s identity card\n\nThis section applies if the chief executive officer directs an authorised person to exercise a power under this division.\nThe authorised person may exercise the power, in relation to another person, only if the authorised person—\nfirst produces his or her identity card for the other person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the other person.\n(sec.143-ssec.1) This section applies if the chief executive officer directs an authorised person to exercise a power under this division.\n(sec.143-ssec.2) The authorised person may exercise the power, in relation to another person, only if the authorised person— first produces his or her identity card for the other person to inspect; or has his or her identity card displayed so it is clearly visible to the other person.\n- (a) first produces his or her identity card for the other person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the other person.","sortOrder":187},{"sectionNumber":"sec.144","sectionType":"section","heading":"Making of inquiries for council","content":"### sec.144 Making of inquiries for council\n\nThis section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.\nThe chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.\n(sec.144-ssec.1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the council is incorrect because of an error or omission.\n(sec.144-ssec.2) The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.","sortOrder":188},{"sectionNumber":"sec.145","sectionType":"section","heading":"Power to require information or document for council investigation","content":"### sec.145 Power to require information or document for council investigation\n\nThis section applies if the chief executive officer suspects or believes, on reasonable grounds, that—\neither or both of the following apply—\ninformation included in a register or record of the council is incorrect because of an error or omission;\nan offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\na person—\nis able to give information about the error, omission or offence; or\nholds a document relating to the error, omission or offence.\nThe chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.\nWhen making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\nIt is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.\nIf the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person—\nmay keep the document to take an extract from it or make a copy of it; and\nmust return the document to the person as soon as practicable after taking the extract or making the copy.\ns 145 amd 2019 No. 30 s 23\n(sec.145-ssec.1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that— either or both of the following apply— information included in a register or record of the council is incorrect because of an error or omission; an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and a person— is able to give information about the error, omission or offence; or holds a document relating to the error, omission or offence.\n(sec.145-ssec.2) The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.\n(sec.145-ssec.3) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.145-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.145-ssec.5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\n(sec.145-ssec.6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.\n(sec.145-ssec.7) If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person— may keep the document to take an extract from it or make a copy of it; and must return the document to the person as soon as practicable after taking the extract or making the copy.\n- (a) either or both of the following apply— (i) information included in a register or record of the council is incorrect because of an error or omission; (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (i) information included in a register or record of the council is incorrect because of an error or omission;\n- (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence.\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (i) information included in a register or record of the council is incorrect because of an error or omission;\n- (ii) an offence against this Act, or the Local Government Act , chapter 5A , has been committed relating to a register or record; and\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (a) may keep the document to take an extract from it or make a copy of it; and\n- (b) must return the document to the person as soon as practicable after taking the extract or making the copy.","sortOrder":189},{"sectionNumber":"sec.146","sectionType":"section","heading":"Referral to department","content":"### sec.146 Referral to department\n\nThis section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act, or the Local Government Act , chapter 5A , relating to a register or record.\nThe chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.\nSubsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act to notify the CCC of any complaint, information or matter that the chief executive officer suspects involves, or may involve, corrupt conduct under that Act.\ns 146 amd 2014 No. 21 s 94 (2) sch 2 ; 2019 No. 30 s 24\n(sec.146-ssec.1) This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act, or the Local Government Act , chapter 5A , relating to a register or record.\n(sec.146-ssec.2) The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.\n(sec.146-ssec.3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act to notify the CCC of any complaint, information or matter that the chief executive officer suspects involves, or may involve, corrupt conduct under that Act.","sortOrder":190},{"sectionNumber":"sec.147","sectionType":"section","heading":"Chief executive officer not subject to direction","content":"### sec.147 Chief executive officer not subject to direction\n\nThe chief executive officer is not subject to direction by the mayor in acting under this division.","sortOrder":191},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":192},{"sectionNumber":"sec.148","sectionType":"section","heading":"Obstructing enforcement of this Act or local laws etc.","content":"### sec.148 Obstructing enforcement of this Act or local laws etc.\n\nA person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nAn official is any of the following persons—\nthe Minister;\nthe department’s chief executive;\nan authorised officer;\nan investigator;\nthe mayor;\nthe chief executive officer;\nan authorised person.\nA person must not obstruct a council worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nCouncil workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 .\nIn particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .\nIf a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that—\nit is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and\nthe official or worker considers the person’s conduct an obstruction.\nA person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council.\nMaximum penalty for subsection (5) —35 penalty units.\ns 148 amd 2012 No. 33 s 39 ; 2019 No. 30 s 5\n(sec.148-ssec.1) A person must not obstruct an official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.148-ssec.2) An official is any of the following persons— the Minister; the department’s chief executive; an authorised officer; an investigator; the mayor; the chief executive officer; an authorised person.\n(sec.148-ssec.3) A person must not obstruct a council worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Council workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 . In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .\n(sec.148-ssec.4) If a person has obstructed an official or council worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and the official or worker considers the person’s conduct an obstruction.\n(sec.148-ssec.5) A person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by the council. Maximum penalty for subsection (5) —35 penalty units.\n- (a) the Minister;\n- (b) the department’s chief executive;\n- (c) an authorised officer;\n- (d) an investigator;\n- (e) the mayor;\n- (f) the chief executive officer;\n- (g) an authorised person.\n- 1 Council workers are only those employees and agents of the council who are authorised to act under part 2 , division 2 .\n- 2 In particular circumstances a council worker may enter a property and carry out work or obtain materials in compliance with part 2 , division 2 .\n- (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and\n- (b) the official or worker considers the person’s conduct an obstruction.","sortOrder":193},{"sectionNumber":"sec.149","sectionType":"section","heading":"Impersonating an authorised person","content":"### sec.149 Impersonating an authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":194},{"sectionNumber":"sec.150","sectionType":"section","heading":"Duty to make documents available","content":"### sec.150 Duty to make documents available\n\nA person who has charge of a document owned or held by the council must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act or the Local Government Act .\npreventing a councillor from copying a council record under section 172\nMaximum penalty—10 penalty units.\ns 150 amd 2012 No. 33 s 192 sch ; 2019 No. 30 s 25","sortOrder":195},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":196},{"sectionNumber":"sec.151","sectionType":"section","heading":"What this chapter is about","content":"### sec.151 What this chapter is about\n\nThis chapter contains provisions about—\npersons who are elected or appointed to perform responsibilities under this Act; and\nbodies that perform responsibilities under this Act.\nFor example, this chapter contains provisions about—\nqualifications for election or appointment; and\nacting appointments; and\nconditions of appointment; and\nending appointments.\n(sec.151-ssec.1) This chapter contains provisions about— persons who are elected or appointed to perform responsibilities under this Act; and bodies that perform responsibilities under this Act.\n(sec.151-ssec.2) For example, this chapter contains provisions about— qualifications for election or appointment; and acting appointments; and conditions of appointment; and ending appointments.\n- (a) persons who are elected or appointed to perform responsibilities under this Act; and\n- (b) bodies that perform responsibilities under this Act.\n- (a) qualifications for election or appointment; and\n- (b) acting appointments; and\n- (c) conditions of appointment; and\n- (d) ending appointments.","sortOrder":197},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Councillors","content":"# Councillors","sortOrder":198},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Qualifications of councillors","content":"## Qualifications of councillors","sortOrder":199},{"sectionNumber":"sec.152","sectionType":"section","heading":"Qualifications of councillors","content":"### sec.152 Qualifications of councillors\n\nA person is qualified to be a councillor of the council only if the person—\nis an adult Australian citizen; and\nresides in Brisbane; and\nis, under the Electoral Act , enrolled on an electoral roll for an electoral district in Brisbane; and\nis not disqualified from being a councillor because of a section in this division.\nSee the Local Government Electoral Act 2011 , section 26 about who may be nominated as a candidate, or for appointment, as a councillor.\ns 152 amd 2013 No. 60 s 4\n- (a) is an adult Australian citizen; and\n- (b) resides in Brisbane; and\n- (c) is, under the Electoral Act , enrolled on an electoral roll for an electoral district in Brisbane; and\n- (d) is not disqualified from being a councillor because of a section in this division. Note— See the Local Government Electoral Act 2011 , section 26 about who may be nominated as a candidate, or for appointment, as a councillor.","sortOrder":200},{"sectionNumber":"sec.153","sectionType":"section","heading":"Disqualification for certain offences or if dismissed","content":"### sec.153 Disqualification for certain offences or if dismissed\n\nA person can not be a councillor—\nafter the person is convicted of a treason offence, unless the person is pardoned for the treason offence; or\nfor 10 years after the person is convicted of an electoral offence; or\nfor 7 years after the person is convicted of a serious integrity offence; or\nfor 4 years after the person is convicted of an integrity offence; or\nfor the remainder of the term before the next quadrennial elections, if the person has been dismissed.\nA treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.\nAn electoral offence is—\na disqualifying electoral offence under the Electoral Act ; or\nan offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\nA serious integrity offence is an offence against—\na provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or\na provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\nAn integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.\nA person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )—\na treason offence; or\nan electoral offence; or\na serious integrity offence; or\nan integrity offence.\nA person is taken to have been convicted of an offence—\nif the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or\nif the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\nIn this section—\ndismissed means dismissed as a councillor—\nunder the Local Government Act , section 122 ; or\nbecause of the dissolution of the council under the Local Government Act , section 123 .\ns 153 amd 2011 No. 27 s 247 ; 2013 No. 60 s 5 ; 2018 No. 9 s 4 ; 2019 No. 30 s 26\n(sec.153-ssec.1) A person can not be a councillor— after the person is convicted of a treason offence, unless the person is pardoned for the treason offence; or for 10 years after the person is convicted of an electoral offence; or for 7 years after the person is convicted of a serious integrity offence; or for 4 years after the person is convicted of an integrity offence; or for the remainder of the term before the next quadrennial elections, if the person has been dismissed.\n(sec.153-ssec.2) A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.\n(sec.153-ssec.3) An electoral offence is— a disqualifying electoral offence under the Electoral Act ; or an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\n(sec.153-ssec.4) A serious integrity offence is an offence against— a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\n(sec.153-ssec.5) An integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.\n(sec.153-ssec.6) A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )— a treason offence; or an electoral offence; or a serious integrity offence; or an integrity offence.\n(sec.153-ssec.7) A person is taken to have been convicted of an offence— if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\n(sec.153-ssec.8) In this section— dismissed means dismissed as a councillor— under the Local Government Act , section 122 ; or because of the dissolution of the council under the Local Government Act , section 123 .\n- (a) after the person is convicted of a treason offence, unless the person is pardoned for the treason offence; or\n- (b) for 10 years after the person is convicted of an electoral offence; or\n- (c) for 7 years after the person is convicted of a serious integrity offence; or\n- (d) for 4 years after the person is convicted of an integrity offence; or\n- (e) for the remainder of the term before the next quadrennial elections, if the person has been dismissed.\n- (a) a disqualifying electoral offence under the Electoral Act ; or\n- (b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\n- (a) a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or\n- (b) a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\n- (a) a treason offence; or\n- (b) an electoral offence; or\n- (c) a serious integrity offence; or\n- (d) an integrity offence.\n- (a) if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or\n- (b) if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\n- (a) under the Local Government Act , section 122 ; or\n- (b) because of the dissolution of the council under the Local Government Act , section 123 .","sortOrder":201},{"sectionNumber":"sec.154","sectionType":"section","heading":"Disqualification of prisoners","content":"### sec.154 Disqualification of prisoners\n\nA person can not be a councillor while the person is a prisoner.\nA prisoner is a person who—\nis serving a period of imprisonment; or\nis liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or\nwould be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .\nA person automatically stops being a councillor when the person becomes a prisoner.\ns 154 amd 2014 No. 44 s 4\n(sec.154-ssec.1) A person can not be a councillor while the person is a prisoner.\n(sec.154-ssec.2) A prisoner is a person who— is serving a period of imprisonment; or is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .\n(sec.154-ssec.3) A person automatically stops being a councillor when the person becomes a prisoner.\n- (a) is serving a period of imprisonment; or\n- (b) is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or\n- (c) would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .","sortOrder":202},{"sectionNumber":"sec.155","sectionType":"section","heading":"Disqualification of government members and electoral candidates","content":"### sec.155 Disqualification of government members and electoral candidates\n\nA person can not be a councillor while the person is a government member or electoral candidate.\nA government member is—\na member of a Parliament of the Commonwealth or a State (including Queensland); or\na councillor of a local government of another State.\nA person is an electoral candidate if, under the Electoral Act , section 93 (3) , the person becomes a candidate for an election of a member of the Legislative Assembly.\nA person automatically stops being a councillor when the person becomes a government member or electoral candidate.\ns 155 amd 2012 No. 33 s 40 ; 2026 No. 5 s 8\n(sec.155-ssec.1) A person can not be a councillor while the person is a government member or electoral candidate.\n(sec.155-ssec.2) A government member is— a member of a Parliament of the Commonwealth or a State (including Queensland); or a councillor of a local government of another State.\n(sec.155-ssec.3) A person is an electoral candidate if, under the Electoral Act , section 93 (3) , the person becomes a candidate for an election of a member of the Legislative Assembly.\n(sec.155-ssec.4) A person automatically stops being a councillor when the person becomes a government member or electoral candidate.\n- (a) a member of a Parliament of the Commonwealth or a State (including Queensland); or\n- (b) a councillor of a local government of another State.","sortOrder":203},{"sectionNumber":"sec.156","sectionType":"section","heading":"Disqualification during bankruptcy","content":"### sec.156 Disqualification during bankruptcy\n\nA person can not be a councillor while the person is a bankrupt.\nA person is a bankrupt if, under a bankruptcy law—\nthe person is an undischarged bankrupt; or\nthe person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or\nthe person’s creditors have accepted a composition, and a final payment has not been made under the composition.\nA bankruptcy law is—\nthe Bankruptcy Act 1966 (Cwlth) ; or\na corresponding law of another jurisdiction, including a jurisdiction outside Australia.\nA person automatically stops being a councillor when the person becomes a bankrupt.\n(sec.156-ssec.1) A person can not be a councillor while the person is a bankrupt.\n(sec.156-ssec.2) A person is a bankrupt if, under a bankruptcy law— the person is an undischarged bankrupt; or the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or the person’s creditors have accepted a composition, and a final payment has not been made under the composition.\n(sec.156-ssec.3) A bankruptcy law is— the Bankruptcy Act 1966 (Cwlth) ; or a corresponding law of another jurisdiction, including a jurisdiction outside Australia.\n(sec.156-ssec.4) A person automatically stops being a councillor when the person becomes a bankrupt.\n- (a) the person is an undischarged bankrupt; or\n- (b) the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or\n- (c) the person’s creditors have accepted a composition, and a final payment has not been made under the composition.\n- (a) the Bankruptcy Act 1966 (Cwlth) ; or\n- (b) a corresponding law of another jurisdiction, including a jurisdiction outside Australia.","sortOrder":204},{"sectionNumber":"sec.157","sectionType":"section","heading":"Judicial review of qualifications","content":"### sec.157 Judicial review of qualifications\n\nAny person who is entitled to vote in a council election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.\nThis section does not limit the Judicial Review Act .\n(sec.157-ssec.1) Any person who is entitled to vote in a council election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.\n(sec.157-ssec.2) This section does not limit the Judicial Review Act .","sortOrder":205},{"sectionNumber":"sec.158","sectionType":"section","heading":"Acting as councillor without authority","content":"### sec.158 Acting as councillor without authority\n\nA person must not act as a councillor if the person knows that—\nthe person is not qualified to be a councillor; or\nthe person’s office as a councillor has been vacated; or\nthe person is suspended as a councillor.\nMaximum penalty—85 penalty units.\ns 158 amd 2018 No. 9 s 4A\n- (a) the person is not qualified to be a councillor; or\n- (b) the person’s office as a councillor has been vacated; or\n- (c) the person is suspended as a councillor.","sortOrder":206},{"sectionNumber":"sec.158A","sectionType":"section","heading":"Councillor must give notice of disqualification","content":"### sec.158A Councillor must give notice of disqualification\n\nThis section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.\nThe councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (2) , the notice must state—\ndetails about why the councillor is not qualified to be a councillor under this division; and\nthe day the councillor became disqualified.\ns 158A ins 2018 No. 9 s 4B\n(sec.158A-ssec.1) This section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.\n(sec.158A-ssec.2) The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.158A-ssec.3) For subsection (2) , the notice must state— details about why the councillor is not qualified to be a councillor under this division; and the day the councillor became disqualified.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) details about why the councillor is not qualified to be a councillor under this division; and\n- (b) the day the councillor became disqualified.","sortOrder":207},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Councillor’s term of office and entitlement to remuneration","content":"## Councillor’s term of office and entitlement to remuneration","sortOrder":208},{"sectionNumber":"sec.159","sectionType":"section","heading":"When a councillor’s term starts","content":"### sec.159 When a councillor’s term starts\n\nA councillor’s term starts on—\nif the councillor is elected—the day after the conclusion of the councillor’s election; or\nif the councillor is appointed—the day on which the councillor is appointed.\n- (a) if the councillor is elected—the day after the conclusion of the councillor’s election; or\n- (b) if the councillor is appointed—the day on which the councillor is appointed.","sortOrder":209},{"sectionNumber":"sec.160","sectionType":"section","heading":"When a councillor’s term ends","content":"### sec.160 When a councillor’s term ends\n\nA councillor’s term ends—\nif the councillor is elected at quadrennial elections for the council or at a fresh election—at the conclusion of the next quadrennial elections; or\nif the councillor is elected at a fresh election and a declaration is also made under a regulation under section 160AA —at the conclusion of the quadrennial elections after the next quadrennial elections; or\nif the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or\nwhen the councillor’s office becomes otherwise vacant.\nSee section 162 for an explanation of when this happens.\ns 160 amd 2020 No. 20 s 77\n- (a) if the councillor is elected at quadrennial elections for the council or at a fresh election—at the conclusion of the next quadrennial elections; or\n- (b) if the councillor is elected at a fresh election and a declaration is also made under a regulation under section 160AA —at the conclusion of the quadrennial elections after the next quadrennial elections; or\n- (c) if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or\n- (d) when the councillor’s office becomes otherwise vacant. Note— See section 162 for an explanation of when this happens.","sortOrder":210},{"sectionNumber":"sec.160AA","sectionType":"section","heading":"Extension of term of councillors elected at fresh elections","content":"### sec.160AA Extension of term of councillors elected at fresh elections\n\nA regulation may declare that the councillors elected at a fresh election are elected for a term ending at the conclusion of the quadrennial elections after the next quadrennial elections.\ns 160AA ins 2019 No. 30 s 27","sortOrder":211},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Remuneration to be paid for term","content":"### sec.160A Remuneration to be paid for term\n\nA councillor is entitled to remuneration for the period—\nstarting on the day the councillor’s term starts under section 159 ; and\nending on the day the councillor’s term ends under section 160 .\ns 160A ins 2012 No. 33 s 41\namd 2014 No. 44 s 113 sch 1\nsub 2026 No. 5 s 10\n- (a) starting on the day the councillor’s term starts under section 159 ; and\n- (b) ending on the day the councillor’s term ends under section 160 .","sortOrder":212},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Vacancies in councillor’s office","content":"## Vacancies in councillor’s office","sortOrder":213},{"sectionNumber":"sec.161","sectionType":"section","heading":"What this division is about","content":"### sec.161 What this division is about\n\nThis division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled.\nThe way in which a vacancy is to be filled depends on—\nwhether the vacancy is in the office of the mayor or of another councillor; and\nif the vacancy is in the office of another councillor—whether the office becomes vacant during the beginning, middle or end of the council’s term.\nThe beginning of the council’s term is the period of 12 months that—\nstarts on the day when the last quadrennial elections were held; and\nends on the day before the first anniversary of the last quadrennial elections.\nThe middle of the council’s term is the period of 24 months that—\nstarts on the first anniversary of the last quadrennial elections; and\nends on the day before the final part of the council’s term starts.\nThe final part of the council’s term is the period that—\nstarts 36 months after the last quadrennial elections were held; and\nends on the day before the next quadrennial elections are held.\n(sec.161-ssec.1) This division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled.\n(sec.161-ssec.2) The way in which a vacancy is to be filled depends on— whether the vacancy is in the office of the mayor or of another councillor; and if the vacancy is in the office of another councillor—whether the office becomes vacant during the beginning, middle or end of the council’s term.\n(sec.161-ssec.3) The beginning of the council’s term is the period of 12 months that— starts on the day when the last quadrennial elections were held; and ends on the day before the first anniversary of the last quadrennial elections.\n(sec.161-ssec.4) The middle of the council’s term is the period of 24 months that— starts on the first anniversary of the last quadrennial elections; and ends on the day before the final part of the council’s term starts.\n(sec.161-ssec.5) The final part of the council’s term is the period that— starts 36 months after the last quadrennial elections were held; and ends on the day before the next quadrennial elections are held.\n- (a) whether the vacancy is in the office of the mayor or of another councillor; and\n- (b) if the vacancy is in the office of another councillor—whether the office becomes vacant during the beginning, middle or end of the council’s term.\n- (a) starts on the day when the last quadrennial elections were held; and\n- (b) ends on the day before the first anniversary of the last quadrennial elections.\n- (a) starts on the first anniversary of the last quadrennial elections; and\n- (b) ends on the day before the final part of the council’s term starts.\n- (a) starts 36 months after the last quadrennial elections were held; and\n- (b) ends on the day before the next quadrennial elections are held.","sortOrder":214},{"sectionNumber":"sec.162","sectionType":"section","heading":"When a councillor’s office becomes vacant","content":"### sec.162 When a councillor’s office becomes vacant\n\nA councillor’s office becomes vacant if the councillor—\nceases to be qualified to be a councillor under division 1 ; or\nis found, on a judicial review, to be ineligible to continue to be a councillor; or\ndoes not comply with section 169 ; or\nis absent from 2 or more consecutive ordinary meetings of the council over a period of at least 2 months, unless the councillor is absent—\nin compliance with an order made by the conduct tribunal, the council or the chairperson of the council or a committee of the council; or\nwith the council’s leave; or\nwhile the councillor is suspended under section 186B or the Local Government Act , section 122 or 123 ; or\nis absent, without the council’s leave, for 2 or more consecutive ordinary meetings of the council over at least 2 months, unless the councillor is absent while the councillor is suspended under section 186B ; or\nresigns as a councillor by signed notice of resignation given to the chief executive officer; or\nis elected or appointed as mayor of the council; or\ndies; or\nbecomes a council employee.\ns 162 amd 2019 No. 30 ss 6 , 28 , 45 ; 2026 No. 5 s 11\n- (a) ceases to be qualified to be a councillor under division 1 ; or\n- (b) is found, on a judicial review, to be ineligible to continue to be a councillor; or\n- (c) does not comply with section 169 ; or\n- (d) is absent from 2 or more consecutive ordinary meetings of the council over a period of at least 2 months, unless the councillor is absent— (i) in compliance with an order made by the conduct tribunal, the council or the chairperson of the council or a committee of the council; or (ii) with the council’s leave; or (iii) while the councillor is suspended under section 186B or the Local Government Act , section 122 or 123 ; or\n- (i) in compliance with an order made by the conduct tribunal, the council or the chairperson of the council or a committee of the council; or\n- (ii) with the council’s leave; or\n- (iii) while the councillor is suspended under section 186B or the Local Government Act , section 122 or 123 ; or\n- (e) is absent, without the council’s leave, for 2 or more consecutive ordinary meetings of the council over at least 2 months, unless the councillor is absent while the councillor is suspended under section 186B ; or\n- (f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or\n- (g) is elected or appointed as mayor of the council; or\n- (h) dies; or\n- (i) becomes a council employee.\n- (i) in compliance with an order made by the conduct tribunal, the council or the chairperson of the council or a committee of the council; or\n- (ii) with the council’s leave; or\n- (iii) while the councillor is suspended under section 186B or the Local Government Act , section 122 or 123 ; or","sortOrder":215},{"sectionNumber":"sec.163","sectionType":"section","heading":"When a vacancy in an office must be filled","content":"### sec.163 When a vacancy in an office must be filled\n\nThis section explains when a vacant office of a councillor (including the mayor) must be filled.\nIf a councillor’s office (other than the mayor’s office) becomes vacant 12 months or more before quadrennial elections are required to be held, the council must fill the vacant office.\nIf the mayor’s office becomes vacant before quadrennial elections are required to be held, the council must fill the vacant office.\nThe council must fill the vacant office within 2 months after the office becomes vacant.\nIf the council does not do so, the Governor in Council may appoint a qualified person to fill the vacant office.\nIf a councillor’s office (other than the mayor’s office) becomes vacant within 3 months of when quadrennial elections are required to be held, the council may decide not to fill the vacant office.\n(sec.163-ssec.1) This section explains when a vacant office of a councillor (including the mayor) must be filled.\n(sec.163-ssec.2) If a councillor’s office (other than the mayor’s office) becomes vacant 12 months or more before quadrennial elections are required to be held, the council must fill the vacant office.\n(sec.163-ssec.3) If the mayor’s office becomes vacant before quadrennial elections are required to be held, the council must fill the vacant office.\n(sec.163-ssec.4) The council must fill the vacant office within 2 months after the office becomes vacant.\n(sec.163-ssec.5) If the council does not do so, the Governor in Council may appoint a qualified person to fill the vacant office.\n(sec.163-ssec.6) If a councillor’s office (other than the mayor’s office) becomes vacant within 3 months of when quadrennial elections are required to be held, the council may decide not to fill the vacant office.","sortOrder":216},{"sectionNumber":"sec.164","sectionType":"section","heading":"Filling a vacancy in the office of mayor","content":"### sec.164 Filling a vacancy in the office of mayor\n\nThis section applies if the council is to fill a vacant office of a mayor.\nThe vacant office must be filled by—\nif the mayor’s office becomes vacant 12 months or less before quadrennial elections are required to be held—the council appointing, by resolution, another councillor to the office; or\notherwise—a by-election.\ns 164 amd 2011 No. 27 s 248\n(sec.164-ssec.1) This section applies if the council is to fill a vacant office of a mayor.\n(sec.164-ssec.2) The vacant office must be filled by— if the mayor’s office becomes vacant 12 months or less before quadrennial elections are required to be held—the council appointing, by resolution, another councillor to the office; or otherwise—a by-election.\n- (a) if the mayor’s office becomes vacant 12 months or less before quadrennial elections are required to be held—the council appointing, by resolution, another councillor to the office; or\n- (b) otherwise—a by-election.","sortOrder":217},{"sectionNumber":"sec.165","sectionType":"section","heading":"Acting mayor","content":"### sec.165 Acting mayor\n\nThe deputy mayor acts for the mayor during—\nthe absence or temporary incapacity of the mayor; or\na vacancy in the office of mayor.\nIf—\nthe office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or\nthe mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or\nthe offices of both the mayor and deputy mayor are vacant;\nthe council may, by resolution, appoint an acting mayor from its councillors.\nThe council may, by resolution, declare that the office of deputy mayor is vacant.\nThe resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting.\nIf the council declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors.\n(sec.165-ssec.1) The deputy mayor acts for the mayor during— the absence or temporary incapacity of the mayor; or a vacancy in the office of mayor.\n(sec.165-ssec.2) If— the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or the offices of both the mayor and deputy mayor are vacant; the council may, by resolution, appoint an acting mayor from its councillors.\n(sec.165-ssec.3) The council may, by resolution, declare that the office of deputy mayor is vacant.\n(sec.165-ssec.4) The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting.\n(sec.165-ssec.5) If the council declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors.\n- (a) the absence or temporary incapacity of the mayor; or\n- (b) a vacancy in the office of mayor.\n- (a) the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or\n- (b) the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or\n- (c) the offices of both the mayor and deputy mayor are vacant;","sortOrder":218},{"sectionNumber":"sec.166","sectionType":"section","heading":"Filling a vacancy in the office of another councillor","content":"### sec.166 Filling a vacancy in the office of another councillor\n\nThis section applies if the council is to fill a vacant office of a councillor (the former councillor ) who is not the mayor.\nIf the office becomes vacant during the beginning or middle of the council’s term, the vacant office must be filled by a by-election.\nIf the office becomes vacant during the final part of the council’s term, the vacant office must be filled by the council appointing, by resolution, a person who is—\nqualified to be a councillor; and\nif the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.\nIf the person who is to be appointed is to be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.\nThe request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant.\nIf the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from—\nany person who is qualified to be a councillor, by written notice published—\non the council’s website; and\nin other ways the chief executive officer considers appropriate; and\neach person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.\nIf the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates.\ns 166 amd 2011 No. 27 s 249 ; 2023 No. 30 s 6\n(sec.166-ssec.1) This section applies if the council is to fill a vacant office of a councillor (the former councillor ) who is not the mayor.\n(sec.166-ssec.2) If the office becomes vacant during the beginning or middle of the council’s term, the vacant office must be filled by a by-election.\n(sec.166-ssec.3) If the office becomes vacant during the final part of the council’s term, the vacant office must be filled by the council appointing, by resolution, a person who is— qualified to be a councillor; and if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.\n(sec.166-ssec.4) If the person who is to be appointed is to be the political party’s nominee, the chief executive officer must request the political party to advise the full name and address of its nominee.\n(sec.166-ssec.5) The request must be made by a written notice given to the political party’s registered officer, within 14 days after the office becomes vacant.\n(sec.166-ssec.6) If the person who is to be appointed need not be a political party’s nominee, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations from— any person who is qualified to be a councillor, by written notice published— on the council’s website; and in other ways the chief executive officer considers appropriate; and each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.\n(sec.166-ssec.7) If the chief executive officer receives any nominations from qualified persons or candidates, the council must fill the vacant office by appointing one of those persons or candidates.\n- (a) qualified to be a councillor; and\n- (b) if the former councillor was elected or appointed to office as a political party’s nominee—the political party’s nominee.\n- (a) any person who is qualified to be a councillor, by written notice published— (i) on the council’s website; and (ii) in other ways the chief executive officer considers appropriate; and\n- (i) on the council’s website; and\n- (ii) in other ways the chief executive officer considers appropriate; and\n- (b) each person who was a candidate for the office of the former councillor at the last quadrennial elections for the council, by written notice.\n- (i) on the council’s website; and\n- (ii) in other ways the chief executive officer considers appropriate; and","sortOrder":219},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Councillors with other jobs","content":"## Councillors with other jobs","sortOrder":220},{"sectionNumber":"sec.167","sectionType":"section","heading":"Councillors and council jobs","content":"### sec.167 Councillors and council jobs\n\nIf a person becomes a councillor while the person is a council employee, the person is taken to have resigned as a council employee on the day before the person becomes a councillor.","sortOrder":221},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 om 2012 No. 33 s 42","sortOrder":222},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Obligations of councillors","content":"## Obligations of councillors","sortOrder":223},{"sectionNumber":"sec.169","sectionType":"section","heading":"Obligations of councillors before acting in office","content":"### sec.169 Obligations of councillors before acting in office\n\nA councillor must not act in office until the councillor makes the declaration of office.\nThe declaration of office is a declaration prescribed under a regulation.\nThe chief executive officer is authorised to take the declaration of office.\nThe chief executive officer must keep a record of the taking of the declaration of office.\nA person ceases to be a councillor if the person does not comply with subsection (1) within—\n30 days after being appointed or elected; or\na longer period allowed by the Minister.\ns 169 amd 2019 No. 30 s 46\n(sec.169-ssec.1) A councillor must not act in office until the councillor makes the declaration of office.\n(sec.169-ssec.2) The declaration of office is a declaration prescribed under a regulation.\n(sec.169-ssec.3) The chief executive officer is authorised to take the declaration of office.\n(sec.169-ssec.4) The chief executive officer must keep a record of the taking of the declaration of office.\n(sec.169-ssec.5) A person ceases to be a councillor if the person does not comply with subsection (1) within— 30 days after being appointed or elected; or a longer period allowed by the Minister.\n- (a) 30 days after being appointed or elected; or\n- (b) a longer period allowed by the Minister.","sortOrder":224},{"sectionNumber":"sec.169A","sectionType":"section","heading":"Councillor training","content":"### sec.169A Councillor training\n\nA councillor must complete each approved training course unless the councillor has, at any time, previously completed the approved training course.\nThe training must be completed by the councillor—\nwithin the period prescribed by regulation; or\nif the department’s chief executive extends the period for the councillor—within the extended period.\nThe department’s chief executive may extend the period under subsection (2) (b) only if the department’s chief executive is satisfied it would be appropriate in the circumstances.\nthe councillor is unable to complete the training due to unavoidable absence\nThe department’s chief executive must publish a notice about the approved training course on the department’s website within the period prescribed by regulation.\nAlso, the department’s chief executive must give a written notice about the approved training course—\nto the council and each councillor within the period prescribed by regulation; and\nif a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the council and the councillor within 20 business days after the councillor is appointed or elected.\nA notice under subsections (4) and (5) must state the following—\na description of the approved training course;\nthe requirements for successful completion of the course;\nfor a notice given under subsection (5) —when the course must be completed by the councillor.\nA regulation may prescribe requirements for the training required under this section, including—\nthe format of the training; and\nhow the training may be successfully completed.\nIn this section—\napproved training course means a course of training approved by the department’s chief executive that—\nis about a councillor’s responsibilities under section 14 ; and\nmeets the requirements under subsection (7) .\ns 169A ins 2023 No. 30 s 7\namd 2026 No. 5 s 12\n(sec.169A-ssec.1) A councillor must complete each approved training course unless the councillor has, at any time, previously completed the approved training course.\n(sec.169A-ssec.2) The training must be completed by the councillor— within the period prescribed by regulation; or if the department’s chief executive extends the period for the councillor—within the extended period.\n(sec.169A-ssec.3) The department’s chief executive may extend the period under subsection (2) (b) only if the department’s chief executive is satisfied it would be appropriate in the circumstances. the councillor is unable to complete the training due to unavoidable absence\n(sec.169A-ssec.4) The department’s chief executive must publish a notice about the approved training course on the department’s website within the period prescribed by regulation.\n(sec.169A-ssec.5) Also, the department’s chief executive must give a written notice about the approved training course— to the council and each councillor within the period prescribed by regulation; and if a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the council and the councillor within 20 business days after the councillor is appointed or elected.\n(sec.169A-ssec.6) A notice under subsections (4) and (5) must state the following— a description of the approved training course; the requirements for successful completion of the course; for a notice given under subsection (5) —when the course must be completed by the councillor.\n(sec.169A-ssec.7) A regulation may prescribe requirements for the training required under this section, including— the format of the training; and how the training may be successfully completed.\n(sec.169A-ssec.8) In this section— approved training course means a course of training approved by the department’s chief executive that— is about a councillor’s responsibilities under section 14 ; and meets the requirements under subsection (7) .\n- (a) within the period prescribed by regulation; or\n- (b) if the department’s chief executive extends the period for the councillor—within the extended period.\n- (a) to the council and each councillor within the period prescribed by regulation; and\n- (b) if a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the council and the councillor within 20 business days after the councillor is appointed or elected.\n- (a) a description of the approved training course;\n- (b) the requirements for successful completion of the course;\n- (c) for a notice given under subsection (5) —when the course must be completed by the councillor.\n- (a) the format of the training; and\n- (b) how the training may be successfully completed.\n- (a) is about a councillor’s responsibilities under section 14 ; and\n- (b) meets the requirements under subsection (7) .","sortOrder":225},{"sectionNumber":"sec.170","sectionType":"section","heading":"Giving directions to council staff","content":"### sec.170 Giving directions to council staff\n\nThe mayor may give a direction to the chief executive officer or senior executive employees.\nHowever, a direction under subsection (1) —\nmust not be given if it is inconsistent with a resolution, or a document adopted by resolution, of the council; and\nmust not be given to the chief executive officer if it relates to—\nthe appointment of a council employee under section 193 (3) ; or\ndisciplinary action by the chief executive officer in relation to a council employee under section 194 or a councillor advisor; and\nmust not be given to the chief executive officer or a senior executive employee if it would result in the chief executive officer or senior executive employee contravening a provision of an Act.\nNo councillor, including the mayor, may give a direction to any other council employee except in accordance with guidelines made under section 171A about the provision of administrative support to councillors.\nThe mayor or another councillor must not give a direction in contravention of subsection (2) or (3) .\nContravention of this subsection is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor under that Act. See the Local Government Act , sections 150L (1) (c) (iv) , 150AQ and 150AR .\ns 170 amd 2019 No. 30 s 29 ; 2020 No. 20 s 78 ; 2023 No. 30 s 8\n(sec.170-ssec.1) The mayor may give a direction to the chief executive officer or senior executive employees.\n(sec.170-ssec.2) However, a direction under subsection (1) — must not be given if it is inconsistent with a resolution, or a document adopted by resolution, of the council; and must not be given to the chief executive officer if it relates to— the appointment of a council employee under section 193 (3) ; or disciplinary action by the chief executive officer in relation to a council employee under section 194 or a councillor advisor; and must not be given to the chief executive officer or a senior executive employee if it would result in the chief executive officer or senior executive employee contravening a provision of an Act.\n(sec.170-ssec.3) No councillor, including the mayor, may give a direction to any other council employee except in accordance with guidelines made under section 171A about the provision of administrative support to councillors.\n(sec.170-ssec.4) The mayor or another councillor must not give a direction in contravention of subsection (2) or (3) . Contravention of this subsection is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor under that Act. See the Local Government Act , sections 150L (1) (c) (iv) , 150AQ and 150AR .\n- (a) must not be given if it is inconsistent with a resolution, or a document adopted by resolution, of the council; and\n- (b) must not be given to the chief executive officer if it relates to— (i) the appointment of a council employee under section 193 (3) ; or (ii) disciplinary action by the chief executive officer in relation to a council employee under section 194 or a councillor advisor; and\n- (i) the appointment of a council employee under section 193 (3) ; or\n- (ii) disciplinary action by the chief executive officer in relation to a council employee under section 194 or a councillor advisor; and\n- (c) must not be given to the chief executive officer or a senior executive employee if it would result in the chief executive officer or senior executive employee contravening a provision of an Act.\n- (i) the appointment of a council employee under section 193 (3) ; or\n- (ii) disciplinary action by the chief executive officer in relation to a council employee under section 194 or a councillor advisor; and","sortOrder":226},{"sectionNumber":"sec.171","sectionType":"section","heading":"Requests for assistance or information","content":"### sec.171 Requests for assistance or information\n\nA councillor may ask a council employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.\nA councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the council has access to, relating to the council.\nA regulation may prescribe the maximum cost to the council of providing information to a councillor.\nIf the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (9) to comply with the request includes a requirement to provide a copy of the document.\nSubsections (2) and (3) do not apply to information or a document—\nthat is a record of the conduct tribunal; or\nthat was a record of the former conduct review panel; or\nthat comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or\nif disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or\nthat would be privileged from production in a legal proceeding on the ground of legal professional privilege.\nAlso, subsections (2) and (3) apply to a councillor in relation to committee information—\nonly if the councillor is a member of the Establishment and Coordination Committee; or\nif the councillor is not a member—\nonly if the information is general committee information; and\nonly to the extent the general committee information relates to a matter that has been finally resolved.\nA request of a councillor under subsection (1) or (2) is of no effect if the request—\nrelates to any ward other than the ward the councillor represents; or\ndoes not comply with the acceptable requests guidelines.\nSubsection (6) does not apply to—\nthe mayor; or\nthe chairperson of the council if the request relates to the role of the chairperson; or\nthe chairperson of a committee of the council if the request relates to the role of the chairperson.\nIn this section a council employee includes a person prescribed under a regulation.\nThe chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) —\nwithin 10 business days after receiving the request; or\nif the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.\nMaximum penalty—20 penalty units.\nIf the chief executive officer forms the belief mentioned in subsection (9) (b) , the chief executive officer must give the councillor written notice about the belief and the reasons for the belief within 10 business days after receiving the request.\nIn this section—\ncommittee information means information in a document made about, by or for the purposes of the Establishment and Coordination Committee, including the following documents—\ncommittee submissions;\ncommittee briefing notes;\ncommittee agendas;\nnotes of discussions in committee meetings;\ncommittee minutes;\ncommittee decisions;\na document prepared for presentation to the committee;\na draft of, or another document prepared for the purpose of, a document mentioned in any of paragraphs (a) to (g) .\nfinally resolved , in relation to a matter, means—\nthe Establishment and Coordination Committee or council has made a final decision about the matter; or\nthe Establishment and Coordination Committee has decided, or is taken to have decided, the matter in a way prescribed by regulation.\nformer conduct review panel means the BCC councillor conduct review panel under this Act as in force before the commencement of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 34 .\ngeneral committee information means the following committee information—\nthe version of a committee submission considered by the Establishment and Coordination Committee in making a final decision about the matter the subject of the submission;\ncommittee agendas;\ncommittee minutes;\ncommittee decisions.\ns 171 sub 2012 No. 33 s 43\namd 2019 No. 30 ss 30, 47 ; 2026 No. 5 s 13\n(sec.171-ssec.1) A councillor may ask a council employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.\n(sec.171-ssec.2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the council has access to, relating to the council. A regulation may prescribe the maximum cost to the council of providing information to a councillor.\n(sec.171-ssec.3) If the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (9) to comply with the request includes a requirement to provide a copy of the document.\n(sec.171-ssec.4) Subsections (2) and (3) do not apply to information or a document— that is a record of the conduct tribunal; or that was a record of the former conduct review panel; or that comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or that would be privileged from production in a legal proceeding on the ground of legal professional privilege.\n(sec.171-ssec.5) Also, subsections (2) and (3) apply to a councillor in relation to committee information— only if the councillor is a member of the Establishment and Coordination Committee; or if the councillor is not a member— only if the information is general committee information; and only to the extent the general committee information relates to a matter that has been finally resolved.\n(sec.171-ssec.6) A request of a councillor under subsection (1) or (2) is of no effect if the request— relates to any ward other than the ward the councillor represents; or does not comply with the acceptable requests guidelines.\n(sec.171-ssec.7) Subsection (6) does not apply to— the mayor; or the chairperson of the council if the request relates to the role of the chairperson; or the chairperson of a committee of the council if the request relates to the role of the chairperson.\n(sec.171-ssec.8) In this section a council employee includes a person prescribed under a regulation.\n(sec.171-ssec.9) The chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) — within 10 business days after receiving the request; or if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request. Maximum penalty—20 penalty units.\n(sec.171-ssec.10) If the chief executive officer forms the belief mentioned in subsection (9) (b) , the chief executive officer must give the councillor written notice about the belief and the reasons for the belief within 10 business days after receiving the request.\n(sec.171-ssec.11) In this section— committee information means information in a document made about, by or for the purposes of the Establishment and Coordination Committee, including the following documents— committee submissions; committee briefing notes; committee agendas; notes of discussions in committee meetings; committee minutes; committee decisions; a document prepared for presentation to the committee; a draft of, or another document prepared for the purpose of, a document mentioned in any of paragraphs (a) to (g) . finally resolved , in relation to a matter, means— the Establishment and Coordination Committee or council has made a final decision about the matter; or the Establishment and Coordination Committee has decided, or is taken to have decided, the matter in a way prescribed by regulation. former conduct review panel means the BCC councillor conduct review panel under this Act as in force before the commencement of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 34 . general committee information means the following committee information— the version of a committee submission considered by the Establishment and Coordination Committee in making a final decision about the matter the subject of the submission; committee agendas; committee minutes; committee decisions.\n- (a) that is a record of the conduct tribunal; or\n- (b) that was a record of the former conduct review panel; or\n- (c) that comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or\n- (d) if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or\n- (e) that would be privileged from production in a legal proceeding on the ground of legal professional privilege.\n- (a) only if the councillor is a member of the Establishment and Coordination Committee; or\n- (b) if the councillor is not a member— (i) only if the information is general committee information; and (ii) only to the extent the general committee information relates to a matter that has been finally resolved.\n- (i) only if the information is general committee information; and\n- (ii) only to the extent the general committee information relates to a matter that has been finally resolved.\n- (i) only if the information is general committee information; and\n- (ii) only to the extent the general committee information relates to a matter that has been finally resolved.\n- (a) relates to any ward other than the ward the councillor represents; or\n- (b) does not comply with the acceptable requests guidelines.\n- (a) the mayor; or\n- (b) the chairperson of the council if the request relates to the role of the chairperson; or\n- (c) the chairperson of a committee of the council if the request relates to the role of the chairperson.\n- (a) within 10 business days after receiving the request; or\n- (b) if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.\n- (a) committee submissions;\n- (b) committee briefing notes;\n- (c) committee agendas;\n- (d) notes of discussions in committee meetings;\n- (e) committee minutes;\n- (f) committee decisions;\n- (g) a document prepared for presentation to the committee;\n- (h) a draft of, or another document prepared for the purpose of, a document mentioned in any of paragraphs (a) to (g) .\n- (a) the Establishment and Coordination Committee or council has made a final decision about the matter; or\n- (b) the Establishment and Coordination Committee has decided, or is taken to have decided, the matter in a way prescribed by regulation.\n- (a) the version of a committee submission considered by the Establishment and Coordination Committee in making a final decision about the matter the subject of the submission;\n- (b) committee agendas;\n- (c) committee minutes;\n- (d) committee decisions.","sortOrder":227},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Guidelines about provision of administrative support to councillors","content":"### sec.171A Guidelines about provision of administrative support to councillors\n\nThe chief executive officer may make guidelines about the provision of administrative support by council employees to a councillor.\nThe guidelines must include—\nwhen a councillor may be provided with administrative support by a council employee; and\nhow and when a councillor may give a direction to a council employee in relation to the provision of administrative support; and\na requirement that a councillor may give a direction to a council employee only if the direction relates directly to administrative support to be provided by the council employee to the councillor under the guidelines.\nA direction purportedly given by a councillor to a council employee is of no effect if the direction does not comply with the guidelines.\ns 171A ins 2020 No. 20 s 79\n(sec.171A-ssec.1) The chief executive officer may make guidelines about the provision of administrative support by council employees to a councillor.\n(sec.171A-ssec.2) The guidelines must include— when a councillor may be provided with administrative support by a council employee; and how and when a councillor may give a direction to a council employee in relation to the provision of administrative support; and a requirement that a councillor may give a direction to a council employee only if the direction relates directly to administrative support to be provided by the council employee to the councillor under the guidelines.\n(sec.171A-ssec.3) A direction purportedly given by a councillor to a council employee is of no effect if the direction does not comply with the guidelines.\n- (a) when a councillor may be provided with administrative support by a council employee; and\n- (b) how and when a councillor may give a direction to a council employee in relation to the provision of administrative support; and\n- (c) a requirement that a councillor may give a direction to a council employee only if the direction relates directly to administrative support to be provided by the council employee to the councillor under the guidelines.","sortOrder":228},{"sectionNumber":"sec.172","sectionType":"section","heading":"Inspection of particular records by councillors","content":"### sec.172 Inspection of particular records by councillors\n\nA councillor may view and make a copy of, or take an extract from, council records.\nThe Right to Information Act 2009 also provides for access to information.\nCouncil records include documents created by or kept by the council about its operations, whether or not the records must be available to be viewed by the public.\nSubsection (1) does not apply to any of the following—\na record of the conduct tribunal;\na record of the former conduct review panel;\na record that would be privileged from production in a legal proceeding on the ground of legal professional privilege;\na record that relates to any ward other than the ward the councillor represents, unless—\nthe councillor is the mayor; or\nthe councillor is the chairperson of the council and the record is relevant to the councillor performing the role of the chairperson; or\nthe councillor is a committee chairperson and the record is relevant to the councillor performing the role of the committee chairperson;\nanother record if disclosure of the record would be contrary to an order of a court or tribunal.\nAlso, subsection (1) applies in relation to a record of the Establishment and Coordination Committee containing committee information within the meaning of section 171 —\nonly if the councillor is a member of the committee; or\nif the councillor is not a member—only to the extent—\nthe record is or contains general committee information within the meaning of section 171 (11) ; and\nthe general committee information relates to a matter that has been finally resolved.\nIn this section—\nfinally resolved , in relation to a matter, see section 171 (11) .\nformer conduct review panel means the BCC councillor conduct review panel under this Act as in force before the commencement of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 34 .\ns 172 amd 2019 No. 30 s 31 ; 2026 No. 5 s 13A\n(sec.172-ssec.1) A councillor may view and make a copy of, or take an extract from, council records. The Right to Information Act 2009 also provides for access to information.\n(sec.172-ssec.2) Council records include documents created by or kept by the council about its operations, whether or not the records must be available to be viewed by the public.\n(sec.172-ssec.3) Subsection (1) does not apply to any of the following— a record of the conduct tribunal; a record of the former conduct review panel; a record that would be privileged from production in a legal proceeding on the ground of legal professional privilege; a record that relates to any ward other than the ward the councillor represents, unless— the councillor is the mayor; or the councillor is the chairperson of the council and the record is relevant to the councillor performing the role of the chairperson; or the councillor is a committee chairperson and the record is relevant to the councillor performing the role of the committee chairperson; another record if disclosure of the record would be contrary to an order of a court or tribunal.\n(sec.172-ssec.4) Also, subsection (1) applies in relation to a record of the Establishment and Coordination Committee containing committee information within the meaning of section 171 — only if the councillor is a member of the committee; or if the councillor is not a member—only to the extent— the record is or contains general committee information within the meaning of section 171 (11) ; and the general committee information relates to a matter that has been finally resolved.\n(sec.172-ssec.5) In this section— finally resolved , in relation to a matter, see section 171 (11) . former conduct review panel means the BCC councillor conduct review panel under this Act as in force before the commencement of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 34 .\n- (a) a record of the conduct tribunal;\n- (b) a record of the former conduct review panel;\n- (c) a record that would be privileged from production in a legal proceeding on the ground of legal professional privilege;\n- (ca) a record that relates to any ward other than the ward the councillor represents, unless— (i) the councillor is the mayor; or (ii) the councillor is the chairperson of the council and the record is relevant to the councillor performing the role of the chairperson; or (iii) the councillor is a committee chairperson and the record is relevant to the councillor performing the role of the committee chairperson;\n- (i) the councillor is the mayor; or\n- (ii) the councillor is the chairperson of the council and the record is relevant to the councillor performing the role of the chairperson; or\n- (iii) the councillor is a committee chairperson and the record is relevant to the councillor performing the role of the committee chairperson;\n- (d) another record if disclosure of the record would be contrary to an order of a court or tribunal.\n- (i) the councillor is the mayor; or\n- (ii) the councillor is the chairperson of the council and the record is relevant to the councillor performing the role of the chairperson; or\n- (iii) the councillor is a committee chairperson and the record is relevant to the councillor performing the role of the committee chairperson;\n- (a) only if the councillor is a member of the committee; or\n- (b) if the councillor is not a member—only to the extent— (i) the record is or contains general committee information within the meaning of section 171 (11) ; and (ii) the general committee information relates to a matter that has been finally resolved.\n- (i) the record is or contains general committee information within the meaning of section 171 (11) ; and\n- (ii) the general committee information relates to a matter that has been finally resolved.\n- (i) the record is or contains general committee information within the meaning of section 171 (11) ; and\n- (ii) the general committee information relates to a matter that has been finally resolved.","sortOrder":229},{"sectionNumber":"sec.173","sectionType":"section","heading":"Use of information by councillors","content":"### sec.173 Use of information by councillors\n\nA person who is, or has been, a councillor must not use information that was acquired as a councillor to—\ngain, directly or indirectly, a financial advantage for the person or someone else; or\ncause detriment to the council.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to information that is lawfully available to the public.\nA councillor must not release information that the councillor knows, or ought reasonably to know, is information that is confidential to the council.\nContravention of subsection (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor under that Act. See the Local Government Act , sections 150L (1) (c) (iv) , 150AQ and 150AR .\ns 173 amd 2012 No. 33 s 44 ; 2019 No. 30 s 32 ; 2023 No. 30 s 119 sch 1\n(sec.173-ssec.1) A person who is, or has been, a councillor must not use information that was acquired as a councillor to— gain, directly or indirectly, a financial advantage for the person or someone else; or cause detriment to the council. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.173-ssec.2) Subsection (1) does not apply to information that is lawfully available to the public.\n(sec.173-ssec.3) A councillor must not release information that the councillor knows, or ought reasonably to know, is information that is confidential to the council. Contravention of subsection (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor under that Act. See the Local Government Act , sections 150L (1) (c) (iv) , 150AQ and 150AR .\n- (a) gain, directly or indirectly, a financial advantage for the person or someone else; or\n- (b) cause detriment to the council.","sortOrder":230},{"sectionNumber":"sec.173A","sectionType":"section","heading":null,"content":"### Section sec.173A\n\ns 173A ins 2012 No. 33 s 45\nom 2020 No. 20 s 80","sortOrder":231},{"sectionNumber":"sec.173B","sectionType":"section","heading":null,"content":"### Section sec.173B\n\ns 173B ins 2013 No. 60 s 6\nom 2020 No. 20 s 80","sortOrder":232},{"sectionNumber":"sec.174","sectionType":"section","heading":"Failure to give particular returns under Local Government Electoral Act 2011","content":"### sec.174 Failure to give particular returns under Local Government Electoral Act 2011\n\nIf a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends.\nIn particular circumstances, the required period may be taken to be extended—see section 175 .\nHowever, subsections (3) to (5) apply if—\nunder the Local Government Electoral Act 2011 , an agent was required to give the summary return for—\nthe person; or\na group of candidates of which the person was a member; or\na political party that endorsed the candidature of the person; and\nthe agent fails to give the summary return within the required period.\nAs soon as practicable after the date of the notice given to the person under the Local Government Electoral Act 2011 , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that—\nthe agent failed to give the summary return within the required period; and\nthe person intends to give the return under subsection (4) .\nThe person must give the summary return within—\n30 days after the date of the notice of the agent’s failure; or\na longer period allowed by the Minister.\nIn particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 175 .\nThe person ceases to be a councillor if the person does not comply with subsection (4) .\nIn this section—\nrequired period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act 2011 .\nsummary return means a return required to be given under the following provisions of the Local Government Electoral Act 2011 —\nsection 117 (4) ;\nsection 118 (4) ;\nsection 120 (6) ;\nsection 125 (2) .\ns 174 prev s 174 amd 2012 No. 33 s 46\nom 2018 No. 9 s 5\npres s 174 ins 2019 No. 30 s 50A\namd 2023 No. 8 s 4\n(sec.174-ssec.1) If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends. In particular circumstances, the required period may be taken to be extended—see section 175 .\n(sec.174-ssec.2) However, subsections (3) to (5) apply if— under the Local Government Electoral Act 2011 , an agent was required to give the summary return for— the person; or a group of candidates of which the person was a member; or a political party that endorsed the candidature of the person; and the agent fails to give the summary return within the required period.\n(sec.174-ssec.3) As soon as practicable after the date of the notice given to the person under the Local Government Electoral Act 2011 , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that— the agent failed to give the summary return within the required period; and the person intends to give the return under subsection (4) .\n(sec.174-ssec.4) The person must give the summary return within— 30 days after the date of the notice of the agent’s failure; or a longer period allowed by the Minister. In particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 175 .\n(sec.174-ssec.5) The person ceases to be a councillor if the person does not comply with subsection (4) .\n(sec.174-ssec.6) In this section— required period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act 2011 . summary return means a return required to be given under the following provisions of the Local Government Electoral Act 2011 — section 117 (4) ; section 118 (4) ; section 120 (6) ; section 125 (2) .\n- (a) under the Local Government Electoral Act 2011 , an agent was required to give the summary return for— (i) the person; or (ii) a group of candidates of which the person was a member; or (iii) a political party that endorsed the candidature of the person; and\n- (i) the person; or\n- (ii) a group of candidates of which the person was a member; or\n- (iii) a political party that endorsed the candidature of the person; and\n- (b) the agent fails to give the summary return within the required period.\n- (i) the person; or\n- (ii) a group of candidates of which the person was a member; or\n- (iii) a political party that endorsed the candidature of the person; and\n- (a) the agent failed to give the summary return within the required period; and\n- (b) the person intends to give the return under subsection (4) .\n- (a) 30 days after the date of the notice of the agent’s failure; or\n- (b) a longer period allowed by the Minister.\n- (a) section 117 (4) ;\n- (b) section 118 (4) ;\n- (c) section 120 (6) ;\n- (d) section 125 (2) .","sortOrder":233},{"sectionNumber":"sec.175","sectionType":"section","heading":"Extension of time for giving summary return","content":"### sec.175 Extension of time for giving summary return\n\nFor section 174 (1) or (4) , a person who is elected as a councillor may make a written request to the Minister to allow a longer period for giving a summary return.\nThe request must be made before the following period (the relevant period ) ends—\nfor section 174 (1) , the required period;\nfor section 174 (4) , the period mentioned in section 174 (4) (a) .\nIf, when the relevant period ends, the Minister has not decided the request, the relevant period is taken to be extended until the date of the notice of the Minister’s decision on the request.\nIn this section—\nrequired period see section 174 (6) .\nsummary return see section 174 (6) .\ns 175 prev s 175 sub 2011 No. 27 s 250\namd 2012 No. 33 s 47\nom 2018 No. 9 s 5\npres s 175 ins 2019 No. 30 s 50A\n(sec.175-ssec.1) For section 174 (1) or (4) , a person who is elected as a councillor may make a written request to the Minister to allow a longer period for giving a summary return.\n(sec.175-ssec.2) The request must be made before the following period (the relevant period ) ends— for section 174 (1) , the required period; for section 174 (4) , the period mentioned in section 174 (4) (a) .\n(sec.175-ssec.3) If, when the relevant period ends, the Minister has not decided the request, the relevant period is taken to be extended until the date of the notice of the Minister’s decision on the request.\n(sec.175-ssec.4) In this section— required period see section 174 (6) . summary return see section 174 (6) .\n- (a) for section 174 (1) , the required period;\n- (b) for section 174 (4) , the period mentioned in section 174 (4) (a) .","sortOrder":234},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 om 2012 No. 33 s 48","sortOrder":235},{"sectionNumber":"sec.177","sectionType":"section","heading":"Post-election meetings","content":"### sec.177 Post-election meetings\n\nThe council must hold a meeting within 14 days after—\nthe conclusion of each quadrennial election; and\nthe conclusion of a fresh election of its councillors.\nThe council must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)—\nat that meeting; and\nat the first meeting after the office of the councillor who is the deputy mayor becomes vacant.\n(sec.177-ssec.1) The council must hold a meeting within 14 days after— the conclusion of each quadrennial election; and the conclusion of a fresh election of its councillors.\n(sec.177-ssec.2) The council must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)— at that meeting; and at the first meeting after the office of the councillor who is the deputy mayor becomes vacant.\n- (a) the conclusion of each quadrennial election; and\n- (b) the conclusion of a fresh election of its councillors.\n- (a) at that meeting; and\n- (b) at the first meeting after the office of the councillor who is the deputy mayor becomes vacant.","sortOrder":236},{"sectionNumber":"ch.6-pt.2-div.5A","sectionType":"division","heading":"Councillors’ conflicts of interest","content":"## Councillors’ conflicts of interest","sortOrder":237},{"sectionNumber":"sec.177A","sectionType":"section","heading":"Purpose of division","content":"### sec.177A Purpose of division\n\nThe purpose of this division is to ensure that if a councillor has a personal interest in a matter, the council deals with the matter in an accountable and transparent way that meets community expectations.\ns 177A ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\nsub 2026 No. 5 s 24 (uncommenced amendment)","sortOrder":238},{"sectionNumber":"sec.177B","sectionType":"section","heading":"When does a person participate in a decision","content":"### sec.177B When does a person participate in a decision\n\nWithout limiting when a person participates in a decision, in this division, a reference to a councillor or other person participating in a decision includes a reference to the councillor or other person—\nif the councillor or other person is wholly or partly responsible for making the decision—considering or discussing the matter to which the decision relates before the decision is made; and\nconsidering, discussing or voting on the decision in a council meeting; and\nconsidering or making the decision under—\nan Act; or\na delegation; or\nanother authority.\ns 177B ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\nsub 2026 No. 5 s 24 (uncommenced amendment)\n- (aa) if the councillor or other person is wholly or partly responsible for making the decision—considering or discussing the matter to which the decision relates before the decision is made; and\n- (a) considering, discussing or voting on the decision in a council meeting; and\n- (b) considering or making the decision under— (i) an Act; or (ii) a delegation; or (iii) another authority.\n- (i) an Act; or\n- (ii) a delegation; or\n- (iii) another authority.\n- (i) an Act; or\n- (ii) a delegation; or\n- (iii) another authority.","sortOrder":239},{"sectionNumber":"sec.177C","sectionType":"section","heading":"Personal interests in ordinary business matters of council","content":"### sec.177C Personal interests in ordinary business matters of council\n\nThis division does not apply in relation to a conflict of interest in a matter if the matter—\nis solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or\nis solely, or relates solely to—\nmaking a planning scheme that applies to the whole of Brisbane; or\namending a planning scheme, if the amendment applies to the whole of Brisbane; or\nis solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or\nis solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or\nis solely, or relates solely to—\nthe making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\na councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or\nis solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or\nis solely, or relates solely to—\nthe remuneration or reimbursement of expenses of councillors or members of a committee of the council; or\nthe provision of superannuation entitlements or insurance for councillors; or\na matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.\nAlso, this division does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the council to be a member of the board of the corporation or association.\nIn addition, this division does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 177D (1) (a) or 177E (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in Brisbane stand to gain or lose.\nHowever, if a councillor decides to voluntarily comply with this division in relation to personal interests of the councillor in the matter—\nthe personal interests are taken to be a declarable conflict of interest; and\nthis division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter.\nSee section 177P for requirements for dealing with a conflict of interest mentioned in this subsection.\nIn this section—\ngovernment agency means—\nthe State, a government entity or another local government; or\nanother Australian government or an entity of another Australian government; or\na local government of another State.\ns 177C ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 30 s 9\nsub 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177C-ssec.1) This division does not apply in relation to a conflict of interest in a matter if the matter— is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or is solely, or relates solely to— making a planning scheme that applies to the whole of Brisbane; or amending a planning scheme, if the amendment applies to the whole of Brisbane; or is solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or is solely, or relates solely to— the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or is solely, or relates solely to— the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or the provision of superannuation entitlements or insurance for councillors; or a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.\n(sec.177C-ssec.2) Also, this division does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the council to be a member of the board of the corporation or association.\n(sec.177C-ssec.3) In addition, this division does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 177D (1) (a) or 177E (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in Brisbane stand to gain or lose.\n(sec.177C-ssec.4) However, if a councillor decides to voluntarily comply with this division in relation to personal interests of the councillor in the matter— the personal interests are taken to be a declarable conflict of interest; and this division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter. See section 177P for requirements for dealing with a conflict of interest mentioned in this subsection.\n(sec.177C-ssec.5) In this section— government agency means— the State, a government entity or another local government; or another Australian government or an entity of another Australian government; or a local government of another State.\n- (a) is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the council; or\n- (b) is solely, or relates solely to— (i) making a planning scheme that applies to the whole of Brisbane; or (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or\n- (i) making a planning scheme that applies to the whole of Brisbane; or\n- (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or\n- (c) is solely, or relates solely to, the preparation, adoption or amendment of a budget for the council; or\n- (d) is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the council is required to prepare or adopt under a local government related law; or\n- (e) is solely, or relates solely to— (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or\n- (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\n- (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or\n- (f) is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or\n- (g) is solely, or relates solely to— (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or (ii) the provision of superannuation entitlements or insurance for councillors; or (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.\n- (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or\n- (ii) the provision of superannuation entitlements or insurance for councillors; or\n- (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.\n- (i) making a planning scheme that applies to the whole of Brisbane; or\n- (ii) amending a planning scheme, if the amendment applies to the whole of Brisbane; or\n- (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\n- (ii) a councillor representing the council in an official capacity at an event held by a government agency or an entity that is wholly owned by the council; or\n- (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the council; or\n- (ii) the provision of superannuation entitlements or insurance for councillors; or\n- (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the council.\n- (a) the personal interests are taken to be a declarable conflict of interest; and\n- (b) this division applies as if eligible councillors had, under section 177O (2) , decided the councillor has a declarable conflict of interest in the matter.\n- (a) the State, a government entity or another local government; or\n- (b) another Australian government or an entity of another Australian government; or\n- (c) a local government of another State.","sortOrder":240},{"sectionNumber":"sec.177D","sectionType":"section","heading":"When councillor has prescribed conflict of interest —particular gifts or loans","content":"### sec.177D When councillor has prescribed conflict of interest —particular gifts or loans\n\nA councillor has a prescribed conflict of interest in a matter if—\na gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and\nthe gift or loan is given during the relevant term for the councillor; and\nall gifts, loans or sponsored travel or accommodation benefits under section 177E given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\nFor subsection (1) (a) , the circumstances are—\nwhere—\nthe donor gives the gift or loan to the councillor; and\nthe gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 ; or\nwhere—\nthe donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\nthe councillor is a candidate in the election; and\nthe gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 or the Electoral Act , part 11 , division 11 ; or\nwhere the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\nSubsection (3) applies for gifts or loans given by a donor—\nto a group of candidates when the councillor is a member of the group; or\nto a political party that endorses the councillor.\nFor working out the total gifts or loans given by the donor for subsection (1) (c) , the amount of each gift or loan given to the group or political party must first be divided by—\nfor a group of candidates for an election—the total number of candidates who are members of the group; or\nfor a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .\ns 177D ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 8 s 59 sch 1\nsub 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177D-ssec.1) A councillor has a prescribed conflict of interest in a matter if— a gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and the gift or loan is given during the relevant term for the councillor; and all gifts, loans or sponsored travel or accommodation benefits under section 177E given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\n(sec.177D-ssec.2) For subsection (1) (a) , the circumstances are— where— the donor gives the gift or loan to the councillor; and the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 ; or where— the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and the councillor is a candidate in the election; and the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 or the Electoral Act , part 11 , division 11 ; or where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\n(sec.177D-ssec.2A) Subsection (3) applies for gifts or loans given by a donor— to a group of candidates when the councillor is a member of the group; or to a political party that endorses the councillor.\n(sec.177D-ssec.3) For working out the total gifts or loans given by the donor for subsection (1) (c) , the amount of each gift or loan given to the group or political party must first be divided by— for a group of candidates for an election—the total number of candidates who are members of the group; or for a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .\n- (a) a gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and\n- (b) the gift or loan is given during the relevant term for the councillor; and\n- (c) all gifts, loans or sponsored travel or accommodation benefits under section 177E given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\n- (a) where— (i) the donor gives the gift or loan to the councillor; and (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 ; or\n- (i) the donor gives the gift or loan to the councillor; and\n- (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 ; or\n- (b) where— (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and (ii) the councillor is a candidate in the election; and (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\n- (ii) the councillor is a candidate in the election; and\n- (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (c) where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\n- (i) the donor gives the gift or loan to the councillor; and\n- (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 ; or\n- (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\n- (ii) the councillor is a candidate in the election; and\n- (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act 2011 , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (a) to a group of candidates when the councillor is a member of the group; or\n- (b) to a political party that endorses the councillor.\n- (a) for a group of candidates for an election—the total number of candidates who are members of the group; or\n- (b) for a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .","sortOrder":241},{"sectionNumber":"sec.177E","sectionType":"section","heading":"When councillor has prescribed conflict of interest —sponsored travel or accommodation benefits","content":"### sec.177E When councillor has prescribed conflict of interest —sponsored travel or accommodation benefits\n\nA councillor has a prescribed conflict of interest in a matter if—\na sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to—\nthe councillor; or\na close associate of the councillor; and\nthe sponsored travel or accommodation benefit is given—\nduring the relevant term for the councillor; and\nwhile the councillor holds office as councillor; and\nall gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\nSection 177D (2A) and (3) applies for working out the total gifts or loans given by the donor for subsection (1) (c) .\nIn this section—\nsponsored travel or accommodation benefit , received by a person, means travel or accommodation undertaken or used by the person, other than employment-related or upgraded travel or accommodation, if—\nanother entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and\nthe other entity is not the person’s spouse, other family member or friend.\ns 177E ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 30 s 10\nsub 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177E-ssec.1) A councillor has a prescribed conflict of interest in a matter if— a sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to— the councillor; or a close associate of the councillor; and the sponsored travel or accommodation benefit is given— during the relevant term for the councillor; and while the councillor holds office as councillor; and all gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\n(sec.177E-ssec.1A) Section 177D (2A) and (3) applies for working out the total gifts or loans given by the donor for subsection (1) (c) .\n(sec.177E-ssec.2) In this section— sponsored travel or accommodation benefit , received by a person, means travel or accommodation undertaken or used by the person, other than employment-related or upgraded travel or accommodation, if— another entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and the other entity is not the person’s spouse, other family member or friend.\n- (a) a sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to— (i) the councillor; or (ii) a close associate of the councillor; and\n- (i) the councillor; or\n- (ii) a close associate of the councillor; and\n- (b) the sponsored travel or accommodation benefit is given— (i) during the relevant term for the councillor; and (ii) while the councillor holds office as councillor; and\n- (i) during the relevant term for the councillor; and\n- (ii) while the councillor holds office as councillor; and\n- (c) all gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\n- (i) the councillor; or\n- (ii) a close associate of the councillor; and\n- (i) during the relevant term for the councillor; and\n- (ii) while the councillor holds office as councillor; and\n- (a) another entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and\n- (b) the other entity is not the person’s spouse, other family member or friend.","sortOrder":242},{"sectionNumber":"sec.177F","sectionType":"section","heading":"When councillor has prescribed conflict of interest —other","content":"### sec.177F When councillor has prescribed conflict of interest —other\n\nA councillor has a prescribed conflict of interest in a matter if—\nthe matter is or relates to a contract between the council and the councillor, or a close associate of the councillor, for—\nthe supply of goods or services to the council; or\nthe lease or sale of assets by the council; or\na person who is being considered for appointment as chief executive officer is a close associate of the councillor and the matter is or relates to the appointment of the person; or\nthe chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or\nthe matter is or relates to an application made to the council for the grant of a licence, permit, registration or approval or consideration of another matter under a local government related law, if—\nthe application was made to the council by the councillor or a close associate of the councillor; or\nthe councillor or a close associate of the councillor makes or has made a written submission to the council in relation to the application before it is or was decided.\ns 177F ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\nsub 2026 No. 5 s 24 (uncommenced amendment)\n- (a) the matter is or relates to a contract between the council and the councillor, or a close associate of the councillor, for— (i) the supply of goods or services to the council; or (ii) the lease or sale of assets by the council; or\n- (i) the supply of goods or services to the council; or\n- (ii) the lease or sale of assets by the council; or\n- (aa) a person who is being considered for appointment as chief executive officer is a close associate of the councillor and the matter is or relates to the appointment of the person; or\n- (b) the chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or\n- (c) the matter is or relates to an application made to the council for the grant of a licence, permit, registration or approval or consideration of another matter under a local government related law, if— (i) the application was made to the council by the councillor or a close associate of the councillor; or (ii) the councillor or a close associate of the councillor makes or has made a written submission to the council in relation to the application before it is or was decided.\n- (i) the application was made to the council by the councillor or a close associate of the councillor; or\n- (ii) the councillor or a close associate of the councillor makes or has made a written submission to the council in relation to the application before it is or was decided.\n- (i) the supply of goods or services to the council; or\n- (ii) the lease or sale of assets by the council; or\n- (i) the application was made to the council by the councillor or a close associate of the councillor; or\n- (ii) the councillor or a close associate of the councillor makes or has made a written submission to the council in relation to the application before it is or was decided.","sortOrder":243},{"sectionNumber":"sec.177G","sectionType":"section","heading":"Who is a close associate of a councillor","content":"### sec.177G Who is a close associate of a councillor\n\nA person is a close associate of a councillor if the person is any of the following in relation to the councillor—\na spouse;\na parent, child or sibling;\na partner in a partnership;\nan employer, other than a government entity;\nan entity, other than a government entity, for which the councillor is an executive officer or board member;\nan entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .\nHowever, the person is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\ns 177G ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 30 s 11\nsub 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177G-ssec.1) A person is a close associate of a councillor if the person is any of the following in relation to the councillor— a spouse; a parent, child or sibling; a partner in a partnership; an employer, other than a government entity; an entity, other than a government entity, for which the councillor is an executive officer or board member; an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .\n(sec.177G-ssec.2) However, the person is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\n- (a) a spouse;\n- (b) a parent, child or sibling;\n- (c) a partner in a partnership;\n- (d) an employer, other than a government entity;\n- (e) an entity, other than a government entity, for which the councillor is an executive officer or board member;\n- (f) an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .","sortOrder":244},{"sectionNumber":"sec.177H","sectionType":"section","heading":"Councillor must not participate in decisions","content":"### sec.177H Councillor must not participate in decisions\n\nIf a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter.\nContravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nHowever, the councillor does not contravene subsection (1) by participating in a decision under an approval given under section 177S .\ns 177H ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177H-ssec.1) If a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter. Contravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.177H-ssec.2) However, the councillor does not contravene subsection (1) by participating in a decision under an approval given under section 177S .","sortOrder":245},{"sectionNumber":"sec.177I","sectionType":"section","heading":"Obligation of councillor with prescribed conflict of interest","content":"### sec.177I Obligation of councillor with prescribed conflict of interest\n\nThis section applies to a councillor if—\nthe councillor may participate, or is participating, in a decision about a matter; and\nthe councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\nIf the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a council meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4) .\nIf subsection (2) does not apply, the councillor must—\nas soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and\ngive notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at—\nthe next meeting of the council; or\nif the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\nContravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nFor subsections (2) and (3) , the particulars for the prescribed conflict of interest are the following—\nfor a gift, loan or contract—the value of the gift, loan or contract;\nfor an application for which a submission has been made—the matters the subject of the application and submission;\nthe name of any entity, other than the councillor, that has an interest in the matter;\nthe nature of the councillor’s relationship with the entity mentioned in paragraph (c) ;\ndetails of the councillor’s, and any other entity’s, interest in the matter.\ns 177I ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177I-ssec.1) This section applies to a councillor if— the councillor may participate, or is participating, in a decision about a matter; and the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\n(sec.177I-ssec.2) If the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a council meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4) .\n(sec.177I-ssec.3) If subsection (2) does not apply, the councillor must— as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and give notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at— the next meeting of the council; or if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee. Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.177I-ssec.4) For subsections (2) and (3) , the particulars for the prescribed conflict of interest are the following— for a gift, loan or contract—the value of the gift, loan or contract; for an application for which a submission has been made—the matters the subject of the application and submission; the name of any entity, other than the councillor, that has an interest in the matter; the nature of the councillor’s relationship with the entity mentioned in paragraph (c) ; details of the councillor’s, and any other entity’s, interest in the matter.\n- (a) the councillor may participate, or is participating, in a decision about a matter; and\n- (b) the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\n- (a) as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and\n- (b) give notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at— (i) the next meeting of the council; or (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (i) the next meeting of the council; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (i) the next meeting of the council; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (a) for a gift, loan or contract—the value of the gift, loan or contract;\n- (b) for an application for which a submission has been made—the matters the subject of the application and submission;\n- (c) the name of any entity, other than the councillor, that has an interest in the matter;\n- (d) the nature of the councillor’s relationship with the entity mentioned in paragraph (c) ;\n- (e) details of the councillor’s, and any other entity’s, interest in the matter.","sortOrder":246},{"sectionNumber":"sec.177J","sectionType":"section","heading":"Dealing with prescribed conflict of interest at a meeting","content":"### sec.177J Dealing with prescribed conflict of interest at a meeting\n\nThis section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.\nThe councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nHowever, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 177S .\ns 177J ins 2018 No. 9 s 6\nsub 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177J-ssec.1) This section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.\n(sec.177J-ssec.2) The councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.177J-ssec.3) However, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 177S .","sortOrder":247},{"sectionNumber":"sec.177K","sectionType":"section","heading":"What is a declarable conflict of interest","content":"### sec.177K What is a declarable conflict of interest\n\nSubject to section 177L , a councillor has a declarable conflict of interest in a matter if—\nthe councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and\nbecause of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.\ns 177K ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n- (a) the councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and\n- (b) because of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.","sortOrder":248},{"sectionNumber":"sec.177L","sectionType":"section","heading":"Interests that are not declarable conflicts of interest","content":"### sec.177L Interests that are not declarable conflicts of interest\n\nA councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if—\nthe conflict of interest is a prescribed conflict of interest in the matter; or\nthe conflict of interest arises solely because—\nthe councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\nthe councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\nthe councillor, or a related party of the councillor, is a member of a political party; or\nthe councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\nthe conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or\nthe conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if—\nthe gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\nthe total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\nthe conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or\nthe conflict of interest arises solely because—\nthe councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\nthe same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\nthe councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\nFor subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 177D or 177E to a close associate of a councillor is taken to be a reference to a related party of the councillor.\nSection 177D (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and sponsored travel or accommodation benefits given by the entity as if a reference in that section to a donor were a reference to the entity.\nIn this section—\npatron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative.\nsponsored travel or accommodation benefit see section 177E .\ns 177L ins 2020 No. 20 s 81\namd 2023 No. 30 s 12\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177L-ssec.1) A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if— the conflict of interest is a prescribed conflict of interest in the matter; or the conflict of interest arises solely because— the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member of a political party; or the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or the conflict of interest arises solely because— the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n(sec.177L-ssec.2) For subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 177D or 177E to a close associate of a councillor is taken to be a reference to a related party of the councillor.\n(sec.177L-ssec.2A) Section 177D (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and sponsored travel or accommodation benefits given by the entity as if a reference in that section to a donor were a reference to the entity.\n(sec.177L-ssec.3) In this section— patron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative. sponsored travel or accommodation benefit see section 177E .\n- (a) the conflict of interest is a prescribed conflict of interest in the matter; or\n- (b) the conflict of interest arises solely because— (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (iii) the councillor, or a related party of the councillor, is a member of a political party; or (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (iii) the councillor, or a related party of the councillor, is a member of a political party; or\n- (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (c) the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or\n- (e) the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\n- (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (f) the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or\n- (g) the conflict of interest arises solely because— (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n- (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\n- (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\n- (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n- (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (iii) the councillor, or a related party of the councillor, is a member of a political party; or\n- (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 177D or 177E if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\n- (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\n- (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\n- (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.","sortOrder":249},{"sectionNumber":"sec.177M","sectionType":"section","heading":"Who is a related party of a councillor","content":"### sec.177M Who is a related party of a councillor\n\nA person is a related party of a councillor if the person is any of the following in relation to the councillor—\nan entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest;\na close associate of the councillor, other than an entity mentioned in section 177G (1) (f) ;\na parent, child or sibling of the councillor’s spouse;\na person who has a close personal relationship with the councillor.\nHowever, the person is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\ns 177M ins 2020 No. 20 s 81\namd 2023 No. 30 s 13\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177M-ssec.1) A person is a related party of a councillor if the person is any of the following in relation to the councillor— an entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest; a close associate of the councillor, other than an entity mentioned in section 177G (1) (f) ; a parent, child or sibling of the councillor’s spouse; a person who has a close personal relationship with the councillor.\n(sec.177M-ssec.2) However, the person is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\n- (a) an entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest;\n- (b) a close associate of the councillor, other than an entity mentioned in section 177G (1) (f) ;\n- (c) a parent, child or sibling of the councillor’s spouse;\n- (d) a person who has a close personal relationship with the councillor.","sortOrder":250},{"sectionNumber":"sec.177MA","sectionType":"section","heading":"Councillor must not participate in decisions unless authorised","content":"### sec.177MA Councillor must not participate in decisions unless authorised\n\nIf a councillor has a declarable conflict of interest in a matter, the councillor must not participate in a decision relating to the matter unless the councillor participates in the decision—\nin compliance with a decision made under section 177P ; or\nunder an approval given under section 177S .\nContravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\ns 177MA ins 2023 No. 30 s 14\nom 2026 No. 5 s 24 (uncommenced amendment)\n- (a) in compliance with a decision made under section 177P ; or\n- (b) under an approval given under section 177S .","sortOrder":251},{"sectionNumber":"sec.177N","sectionType":"section","heading":"Obligation of councillor with declarable conflict of interest","content":"### sec.177N Obligation of councillor with declarable conflict of interest\n\nThis section applies to a councillor if—\nthe councillor may participate, or is participating, in a decision about a matter; and\nthe councillor becomes aware the councillor has a declarable conflict of interest in the matter.\nIf the councillor first becomes aware the councillor has the declarable conflict of interest at a council meeting, the councillor must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4) .\nIf subsection (2) does not apply, the councillor—\nas soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and\nmust give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at—\nthe next meeting of the council; or\nif the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\nContravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nFor subsections (2) and (3) , the particulars for the declarable conflict of interest are the following—\nthe nature of the declarable conflict of interest;\nif the declarable conflict of interest arises because of the councillor’s relationship with a related party—\nthe name of the related party; and\nthe nature of the relationship of the related party to the councillor; and\nthe nature of the related party’s interests in the matter;\nif the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person—\nthe name of the other person; and\nthe nature of the relationship of the other person to the councillor or related party; and\nthe nature of the other person’s interests in the matter; and\nthe value of the gift or loan, and the date the gift was given or loan was made.\ns 177N ins 2020 No. 20 s 81\namd 2023 No. 30 s 15\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177N-ssec.1) This section applies to a councillor if— the councillor may participate, or is participating, in a decision about a matter; and the councillor becomes aware the councillor has a declarable conflict of interest in the matter.\n(sec.177N-ssec.2) If the councillor first becomes aware the councillor has the declarable conflict of interest at a council meeting, the councillor must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4) .\n(sec.177N-ssec.3) If subsection (2) does not apply, the councillor— as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and must give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at— the next meeting of the council; or if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee. Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.177N-ssec.4) For subsections (2) and (3) , the particulars for the declarable conflict of interest are the following— the nature of the declarable conflict of interest; if the declarable conflict of interest arises because of the councillor’s relationship with a related party— the name of the related party; and the nature of the relationship of the related party to the councillor; and the nature of the related party’s interests in the matter; if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person— the name of the other person; and the nature of the relationship of the other person to the councillor or related party; and the nature of the other person’s interests in the matter; and the value of the gift or loan, and the date the gift was given or loan was made.\n- (a) the councillor may participate, or is participating, in a decision about a matter; and\n- (b) the councillor becomes aware the councillor has a declarable conflict of interest in the matter.\n- (a) as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and\n- (b) must give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at— (i) the next meeting of the council; or (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (i) the next meeting of the council; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (i) the next meeting of the council; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the council—the next meeting of the committee.\n- (a) the nature of the declarable conflict of interest;\n- (b) if the declarable conflict of interest arises because of the councillor’s relationship with a related party— (i) the name of the related party; and (ii) the nature of the relationship of the related party to the councillor; and (iii) the nature of the related party’s interests in the matter;\n- (i) the name of the related party; and\n- (ii) the nature of the relationship of the related party to the councillor; and\n- (iii) the nature of the related party’s interests in the matter;\n- (c) if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person— (i) the name of the other person; and (ii) the nature of the relationship of the other person to the councillor or related party; and (iii) the nature of the other person’s interests in the matter; and (iv) the value of the gift or loan, and the date the gift was given or loan was made.\n- (i) the name of the other person; and\n- (ii) the nature of the relationship of the other person to the councillor or related party; and\n- (iii) the nature of the other person’s interests in the matter; and\n- (iv) the value of the gift or loan, and the date the gift was given or loan was made.\n- (i) the name of the related party; and\n- (ii) the nature of the relationship of the related party to the councillor; and\n- (iii) the nature of the related party’s interests in the matter;\n- (i) the name of the other person; and\n- (ii) the nature of the relationship of the other person to the councillor or related party; and\n- (iii) the nature of the other person’s interests in the matter; and\n- (iv) the value of the gift or loan, and the date the gift was given or loan was made.","sortOrder":252},{"sectionNumber":"sec.177O","sectionType":"section","heading":"Procedure if meeting informed of councillor’s personal interests","content":"### sec.177O Procedure if meeting informed of councillor’s personal interests\n\nThis section applies if a council meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.\nThe eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.\ns 177O ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177O-ssec.1) This section applies if a council meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.\n(sec.177O-ssec.2) The eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.","sortOrder":253},{"sectionNumber":"sec.177P","sectionType":"section","heading":"Procedure if councillor has declarable conflict of interest","content":"### sec.177P Procedure if councillor has declarable conflict of interest\n\nThis section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 177N (2) or (3) or decided by eligible councillors at a meeting under section 177O (2) .\nHowever, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.\nThe eligible councillors at the meeting must, by resolution, decide—\nfor a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor—\nmay participate in the decision despite the councillor’s conflict of interest; or\nmust not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\nfor another matter, whether the councillor—\nmay participate in a decision about the matter at the meeting, including by voting on the matter; or\nmust leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\nThe eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i).\nThe eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.\nThe councillor must comply with—\na decision under subsection (3) (a) (ii) or (b)(ii); or\nany conditions imposed on a decision under subsection (4) .\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nHowever, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 177S .\ns 177P ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177P-ssec.1) This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 177N (2) or (3) or decided by eligible councillors at a meeting under section 177O (2) .\n(sec.177P-ssec.2) However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.\n(sec.177P-ssec.3) The eligible councillors at the meeting must, by resolution, decide— for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— may participate in the decision despite the councillor’s conflict of interest; or must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or for another matter, whether the councillor— may participate in a decision about the matter at the meeting, including by voting on the matter; or must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n(sec.177P-ssec.4) The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i). The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.\n(sec.177P-ssec.5) The councillor must comply with— a decision under subsection (3) (a) (ii) or (b)(ii); or any conditions imposed on a decision under subsection (4) . Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.177P-ssec.6) However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 177S .\n- (a) for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— (i) may participate in the decision despite the councillor’s conflict of interest; or (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (i) may participate in the decision despite the councillor’s conflict of interest; or\n- (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (b) for another matter, whether the councillor— (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or\n- (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (i) may participate in the decision despite the councillor’s conflict of interest; or\n- (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or\n- (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (a) a decision under subsection (3) (a) (ii) or (b)(ii); or\n- (b) any conditions imposed on a decision under subsection (4) .","sortOrder":254},{"sectionNumber":"sec.177Q","sectionType":"section","heading":"Decisions of eligible councillors","content":"### sec.177Q Decisions of eligible councillors\n\nA decision by eligible councillors may be made under section 177O or 177P , other than in relation to a matter mentioned in section 177R , even if—\nthe number of eligible councillors is less than a majority; or\nthe eligible councillors do not form a quorum for the meeting.\nThe councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.\nIf the eligible councillors can not make a decision under section 177O or 177P , the eligible councillors are taken to have decided under section 177P (3) (a) (ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.\nA decision about a councillor under section 177O or 177P for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.\ns 177Q ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177Q-ssec.1) A decision by eligible councillors may be made under section 177O or 177P , other than in relation to a matter mentioned in section 177R , even if— the number of eligible councillors is less than a majority; or the eligible councillors do not form a quorum for the meeting.\n(sec.177Q-ssec.2) The councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.\n(sec.177Q-ssec.3) If the eligible councillors can not make a decision under section 177O or 177P , the eligible councillors are taken to have decided under section 177P (3) (a) (ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.\n(sec.177Q-ssec.4) A decision about a councillor under section 177O or 177P for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.\n- (a) the number of eligible councillors is less than a majority; or\n- (b) the eligible councillors do not form a quorum for the meeting.","sortOrder":255},{"sectionNumber":"sec.177R","sectionType":"section","heading":"Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest","content":"### sec.177R Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest\n\nThis section applies in relation to a meeting if—\na matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and\nthere is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\nThe council must do 1 of the following—\ndelegate deciding the matter under section 238 , unless the matter can not be delegated under that section;\ndecide, by resolution, to defer the matter to a later meeting;\ndecide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.\nThe council must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.\nA councillor does not contravene section 177H (1) , 177J (2) , 177MA or 177P (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .\ns 177R ins 2020 No. 20 s 81\namd 2023 No. 30 s 16\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177R-ssec.1) This section applies in relation to a meeting if— a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\n(sec.177R-ssec.2) The council must do 1 of the following— delegate deciding the matter under section 238 , unless the matter can not be delegated under that section; decide, by resolution, to defer the matter to a later meeting; decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.\n(sec.177R-ssec.3) The council must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.\n(sec.177R-ssec.4) A councillor does not contravene section 177H (1) , 177J (2) , 177MA or 177P (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .\n- (a) a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and\n- (b) there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\n- (a) delegate deciding the matter under section 238 , unless the matter can not be delegated under that section;\n- (b) decide, by resolution, to defer the matter to a later meeting;\n- (c) decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the council must decide the matter.","sortOrder":256},{"sectionNumber":"sec.177S","sectionType":"section","heading":"Minister’s approval for councillor to participate or be present to decide matter","content":"### sec.177S Minister’s approval for councillor to participate or be present to decide matter\n\nThe Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if—\nthe matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 177R (1) ; and\ndeciding the matter can not be delegated under section 238 .\nThe Minister may give the approval subject to the conditions stated in the notice.\ns 177S ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177S-ssec.1) The Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if— the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 177R (1) ; and deciding the matter can not be delegated under section 238 .\n(sec.177S-ssec.2) The Minister may give the approval subject to the conditions stated in the notice.\n- (a) the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 177R (1) ; and\n- (b) deciding the matter can not be delegated under section 238 .","sortOrder":257},{"sectionNumber":"sec.177T","sectionType":"section","heading":"Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest","content":"### sec.177T Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest\n\nThis section applies if a councillor reasonably believes or reasonably suspects—\nanother councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 177H (1) ; or\nanother councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 177MA .\nThe councillor who has the belief or suspicion must—\nif the belief or suspicion arises in a council meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or\notherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.\nThe councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion.\nContravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act.\nIf the belief or suspicion relates to more than 1 councillor, subsections (2) and (3) must be complied with in relation to each councillor separately.\ns 177T ins 2020 No. 20 s 81\namd 2023 No. 30 s 17\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177T-ssec.1) This section applies if a councillor reasonably believes or reasonably suspects— another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 177H (1) ; or another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 177MA .\n(sec.177T-ssec.2) The councillor who has the belief or suspicion must— if the belief or suspicion arises in a council meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.\n(sec.177T-ssec.3) The councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion. Contravention of subsection (2) or (3) is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act.\n(sec.177T-ssec.4) If the belief or suspicion relates to more than 1 councillor, subsections (2) and (3) must be complied with in relation to each councillor separately.\n- (a) another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 177H (1) ; or\n- (b) another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 177MA .\n- (a) if the belief or suspicion arises in a council meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or\n- (b) otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.","sortOrder":258},{"sectionNumber":"sec.177U","sectionType":"section","heading":"Obligation of councillor if conflict of interest reported under s 177T","content":"### sec.177U Obligation of councillor if conflict of interest reported under s 177T\n\nIf, under section 177T , a councillor (the informing councillor ) informs the person presiding at a council meeting of a belief or suspicion about another councillor (the relevant councillor ), the relevant councillor must do 1 of the following—\nif the relevant councillor has a prescribed conflict of interest—comply with section 177I (2) ;\nif the relevant councillor has a declarable conflict of interest—comply with section 177N (2) ;\nif the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\nIf subsection (1) (c) applies—\nthe informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and\nthe eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.\nIf subsection (2) must be complied with in relation to a belief or suspicion about more than 1 councillor, a decision under subsection (2) (b) must be made in relation to each councillor separately.\nIf the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 177J is taken to apply to the relevant councillor for the matter.\nIf the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 177N (2) and 177P are taken to apply in relation to the relevant councillor for the matter.\ns 177U ins 2020 No. 20 s 81\namd 2023 No. 30 s 18\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177U-ssec.1) If, under section 177T , a councillor (the informing councillor ) informs the person presiding at a council meeting of a belief or suspicion about another councillor (the relevant councillor ), the relevant councillor must do 1 of the following— if the relevant councillor has a prescribed conflict of interest—comply with section 177I (2) ; if the relevant councillor has a declarable conflict of interest—comply with section 177N (2) ; if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\n(sec.177U-ssec.2) If subsection (1) (c) applies— the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.\n(sec.177U-ssec.3) If subsection (2) must be complied with in relation to a belief or suspicion about more than 1 councillor, a decision under subsection (2) (b) must be made in relation to each councillor separately.\n(sec.177U-ssec.4) If the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 177J is taken to apply to the relevant councillor for the matter.\n(sec.177U-ssec.5) If the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 177N (2) and 177P are taken to apply in relation to the relevant councillor for the matter.\n- (a) if the relevant councillor has a prescribed conflict of interest—comply with section 177I (2) ;\n- (b) if the relevant councillor has a declarable conflict of interest—comply with section 177N (2) ;\n- (c) if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\n- (a) the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and\n- (b) the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.","sortOrder":259},{"sectionNumber":"sec.177V","sectionType":"section","heading":"Offence to take retaliatory action","content":"### sec.177V Offence to take retaliatory action\n\nA person must not, because a councillor complied with section 177T —\nprejudice, or threaten to prejudice, the safety or career of the councillor or another person; or\nintimidate or harass, or threaten to intimidate or harass, the councillor or another person; or\ntake any action that is, or is likely to be, detrimental to the councillor or another person.\nMaximum penalty—167 penalty units or 2 years imprisonment.\ns 177V ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n- (a) prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or\n- (b) intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or\n- (c) take any action that is, or is likely to be, detrimental to the councillor or another person.","sortOrder":260},{"sectionNumber":"sec.177W","sectionType":"section","heading":"Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others","content":"### sec.177W Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others\n\nThis section applies to a councillor who has a prescribed conflict of interest or declarable conflict of interest in a matter.\nThe councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the council relating to the matter.\nContravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nA councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is—\npermitted under a decision mentioned in section 177P (3) (a) (i) or (b)(i); or\napproved under section 177S .\nA councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this division—\nfactual information about a matter;\ninformation that is required to be given to the council about a matter, including in an application, to enable the council to decide the matter.\ns 177W ins 2020 No. 20 s 81\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177W-ssec.1) This section applies to a councillor who has a prescribed conflict of interest or declarable conflict of interest in a matter.\n(sec.177W-ssec.2) The councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the council relating to the matter. Contravention of this section is misconduct under the Local Government Act that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.177W-ssec.3) A councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is— permitted under a decision mentioned in section 177P (3) (a) (i) or (b)(i); or approved under section 177S .\n(sec.177W-ssec.4) A councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this division— factual information about a matter; information that is required to be given to the council about a matter, including in an application, to enable the council to decide the matter.\n- (a) permitted under a decision mentioned in section 177P (3) (a) (i) or (b)(i); or\n- (b) approved under section 177S .\n- (a) factual information about a matter;\n- (b) information that is required to be given to the council about a matter, including in an application, to enable the council to decide the matter.","sortOrder":261},{"sectionNumber":"sec.177X","sectionType":"section","heading":"Records about prescribed conflicts of interest or declarable conflicts of interest—meetings","content":"### sec.177X Records about prescribed conflicts of interest or declarable conflicts of interest—meetings\n\nSubsection (2) applies if a councillor gives notice to, or informs, a council meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.\nThe following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—\nthe names of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest;\nthe particulars of the prescribed conflict of interest or declarable conflict of interest;\nif section 177U applies—\nthe action the councillor takes under section 177U (1) ; and\nany decision made by the eligible councillors under section 177U (2) ;\nwhether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 177S ;\nfor a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\nSubsection (4) applies if the councillor has a declarable conflict of interest.\nIn addition to the information mentioned in subsection (2) , the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—\nfor a decision under section 177O (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;\nfor a decision under section 177P —\nthe decision, and reasons for the decision; and\nthe name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\ns 177X ins 2020 No. 20 s 81\nom 2026 No. 5 s 24 (uncommenced amendment)\n(sec.177X-ssec.1) Subsection (2) applies if a councillor gives notice to, or informs, a council meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.\n(sec.177X-ssec.2) The following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation— the names of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest; the particulars of the prescribed conflict of interest or declarable conflict of interest; if section 177U applies— the action the councillor takes under section 177U (1) ; and any decision made by the eligible councillors under section 177U (2) ; whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 177S ; for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\n(sec.177X-ssec.3) Subsection (4) applies if the councillor has a declarable conflict of interest.\n(sec.177X-ssec.4) In addition to the information mentioned in subsection (2) , the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation— for a decision under section 177O (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted; for a decision under section 177P — the decision, and reasons for the decision; and the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (a) the names of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest;\n- (b) the particulars of the prescribed conflict of interest or declarable conflict of interest;\n- (c) if section 177U applies— (i) the action the councillor takes under section 177U (1) ; and (ii) any decision made by the eligible councillors under section 177U (2) ;\n- (i) the action the councillor takes under section 177U (1) ; and\n- (ii) any decision made by the eligible councillors under section 177U (2) ;\n- (d) whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 177S ;\n- (e) for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\n- (i) the action the councillor takes under section 177U (1) ; and\n- (ii) any decision made by the eligible councillors under section 177U (2) ;\n- (a) for a decision under section 177O (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;\n- (b) for a decision under section 177P — (i) the decision, and reasons for the decision; and (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (i) the decision, and reasons for the decision; and\n- (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (i) the decision, and reasons for the decision; and\n- (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.","sortOrder":262},{"sectionNumber":"ch.6-pt.2-div.6","sectionType":"division","heading":"Responsibilities during leave of absence","content":"## Responsibilities during leave of absence","sortOrder":263},{"sectionNumber":"sec.178","sectionType":"section","heading":"Responsibilities of councillors during leave of absence","content":"### sec.178 Responsibilities of councillors during leave of absence\n\nThis section applies if the council grants a councillor a leave of absence for 1 or more ordinary meetings of the council.\nTo remove any doubt, it is declared that the councillor may perform any responsibility under section 14 during the councillor’s leave of absence.\ns 178 prev s 178 amd 2011 No. 27 s 251\nsub 2012 No. 33 s 49\namd 2014 No. 21 s 94 (2) sch 2 ; 2018 No. 9 s 7\nom 2019 No. 30 s 34\npres s 178 ins 2026 No. 5 s 14\n(sec.178-ssec.1) This section applies if the council grants a councillor a leave of absence for 1 or more ordinary meetings of the council.\n(sec.178-ssec.2) To remove any doubt, it is declared that the councillor may perform any responsibility under section 14 during the councillor’s leave of absence.","sortOrder":264},{"sectionNumber":"sec.178A","sectionType":"section","heading":null,"content":"### Section sec.178A\n\ns 178A ins 2012 No. 33 s 49\nom 2019 No. 30 s 34","sortOrder":265},{"sectionNumber":"sec.179","sectionType":"section","heading":null,"content":"### Section sec.179\n\ns 179 sub 2012 No. 33 s 49\namd 2013 No. 60 s 7 ; 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 30 s 34","sortOrder":266},{"sectionNumber":"sec.180","sectionType":"section","heading":null,"content":"### Section sec.180\n\ns 180 amd 2010 No. 38 s 78 sch 3 ; 2011 No. 27 s 252\nsub 2012 No. 33 s 49\namd 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 30 s 34","sortOrder":267},{"sectionNumber":"sec.180A","sectionType":"section","heading":null,"content":"### Section sec.180A\n\ns 180A ins 2011 No. 27 s 253\namd 2012 No. 33 s 50\nom 2019 No. 30 s 34","sortOrder":268},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 amd 2011 No. 8 s 8 ; 2011 No. 27 s 254\nom 2019 No. 30 s 34","sortOrder":269},{"sectionNumber":"sec.182","sectionType":"section","heading":null,"content":"### Section sec.182\n\ns 182 amd 2011 No. 8 s 9\namd 2012 No. 33 s 51\nom 2019 No. 30 s 34","sortOrder":270},{"sectionNumber":"sec.183","sectionType":"section","heading":null,"content":"### Section sec.183\n\ns 183 sub 2011 No. 8 s 10\namd 2012 No. 33 s 52 ; 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 30 s 34","sortOrder":271},{"sectionNumber":"sec.183A","sectionType":"section","heading":null,"content":"### Section sec.183A\n\ns 183A ins 2011 No. 8 s 10\nsub 2012 No. 33 s 53\namd 2013 No. 60 s 7A\nom 2019 No. 30 s 34","sortOrder":272},{"sectionNumber":"sec.184","sectionType":"section","heading":null,"content":"### Section sec.184\n\ns 184 om 2012 No. 33 s 54","sortOrder":273},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 2012 No. 33 s 54","sortOrder":274},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 amd 2014 No. 21 s 94 (2) sch 2\nom 2019 No. 30 s 34","sortOrder":275},{"sectionNumber":"ch.6-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":276},{"sectionNumber":"sec.186A","sectionType":"section","heading":null,"content":"### Section sec.186A\n\ns 186A ins 2012 No. 33 s 55\nom 2019 No. 30 s 34","sortOrder":277},{"sectionNumber":"ch.6-pt.2-div.8","sectionType":"division","heading":"Automatic suspension of councillors","content":"## Automatic suspension of councillors","sortOrder":278},{"sectionNumber":"sec.186B","sectionType":"section","heading":"Automatic suspension for certain offences","content":"### sec.186B Automatic suspension for certain offences\n\nA person is automatically suspended as a councillor when the person is charged with a disqualifying offence.\nSubsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.\nThe person is automatically suspended as a councillor when the person’s term as councillor starts.\ns 186B ins 2018 No. 9 s 7A\n(sec.186B-ssec.1) A person is automatically suspended as a councillor when the person is charged with a disqualifying offence.\n(sec.186B-ssec.2) Subsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.\n(sec.186B-ssec.3) The person is automatically suspended as a councillor when the person’s term as councillor starts.","sortOrder":279},{"sectionNumber":"sec.186C","sectionType":"section","heading":"When a person is charged with disqualifying offence and proceeding is started","content":"### sec.186C When a person is charged with disqualifying offence and proceeding is started\n\nFor this division and division 9 —\na person is charged with a disqualifying offence when—\na police officer arrests and charges the person for the offence; or\nthe person is served with a notice to appear for the offence; or\nthe person is served with a complaint for the offence under the Justices Act 1886 ; or\na charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\nan ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\na proceeding for a disqualifying offence is started against a person when the person is charged with the offence.\ns 186C ins 2018 No. 9 s 7A\n- (a) a person is charged with a disqualifying offence when— (i) a police officer arrests and charges the person for the offence; or (ii) the person is served with a notice to appear for the offence; or (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\n- (i) a police officer arrests and charges the person for the offence; or\n- (ii) the person is served with a notice to appear for the offence; or\n- (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or\n- (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\n- (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\n- (b) a proceeding for a disqualifying offence is started against a person when the person is charged with the offence.\n- (i) a police officer arrests and charges the person for the offence; or\n- (ii) the person is served with a notice to appear for the offence; or\n- (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or\n- (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\n- (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and","sortOrder":280},{"sectionNumber":"sec.186D","sectionType":"section","heading":"Obligation to give notice if charged with disqualifying offence","content":"### sec.186D Obligation to give notice if charged with disqualifying offence\n\nThis section applies if—\na councillor is charged with a disqualifying offence; or\na proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\nThe councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (2) , the notice must state—\nthe provision of the law against which the councillor is charged; and\nthe day the councillor was charged.\ns 186D ins 2018 No. 9 s 7A\n(sec.186D-ssec.1) This section applies if— a councillor is charged with a disqualifying offence; or a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\n(sec.186D-ssec.2) The councillor must immediately give a written notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.186D-ssec.3) For subsection (2) , the notice must state— the provision of the law against which the councillor is charged; and the day the councillor was charged.\n- (a) a councillor is charged with a disqualifying offence; or\n- (b) a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) the provision of the law against which the councillor is charged; and\n- (b) the day the councillor was charged.","sortOrder":281},{"sectionNumber":"sec.186E","sectionType":"section","heading":"Effect of councillor’s suspension","content":"### sec.186E Effect of councillor’s suspension\n\nThis section applies while a councillor is suspended as a councillor under this division.\nThe councillor must not act as a councillor.\nIf the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.\nThe councillor’s obligations under division 5 are not affected.\nThe councillor is entitled to be paid remuneration as a councillor.\nIn this section—\nremuneration , as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.\ns 186E ins 2018 No. 9 s 7A\namd 2023 No. 30 s 119 sch 1\n(sec.186E-ssec.1) This section applies while a councillor is suspended as a councillor under this division.\n(sec.186E-ssec.2) The councillor must not act as a councillor.\n(sec.186E-ssec.3) If the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.\n(sec.186E-ssec.4) The councillor’s obligations under division 5 are not affected.\n(sec.186E-ssec.5) The councillor is entitled to be paid remuneration as a councillor.\n(sec.186E-ssec.6) In this section— remuneration , as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.","sortOrder":282},{"sectionNumber":"sec.186F","sectionType":"section","heading":"When suspension of councillor ends","content":"### sec.186F When suspension of councillor ends\n\nIf a councillor is suspended under section 186B , the suspension ends when the earliest of the following happens—\nfor each disqualifying offence to which the suspension relates—\nif the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\nif the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\nthe proceeding for the offence otherwise ends;\nIf the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\nthe councillor’s term ends under section 160 ;\nthe councillor’s office becomes vacant under section 162 .\ns 186F ins 2018 No. 9 s 7A\n- (a) for each disqualifying offence to which the suspension relates— (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\n- (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\n- (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\n- (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\n- (b) the councillor’s term ends under section 160 ;\n- (c) the councillor’s office becomes vacant under section 162 .\n- (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\n- (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\n- (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .","sortOrder":283},{"sectionNumber":"ch.6-pt.2-div.9","sectionType":"division","heading":"Criminal history information","content":"## Criminal history information","sortOrder":284},{"sectionNumber":"sec.186G","sectionType":"section","heading":"Criminal history report","content":"### sec.186G Criminal history report\n\nThis section applies if the Minister—\nreceives a notice from a councillor—\nunder section 158A in relation to the conviction of the councillor for a disqualifying offence; or\nunder section 186D ; or\nreasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\nThe Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\nIn this section—\ncriminal history , of a councillor, includes—\nspent convictions; and\nevery charge made against the councillor for an offence, in Queensland or elsewhere.\ns 186G ins 2018 No. 9 s 7A\n(sec.186G-ssec.1) This section applies if the Minister— receives a notice from a councillor— under section 158A in relation to the conviction of the councillor for a disqualifying offence; or under section 186D ; or reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\n(sec.186G-ssec.2) The Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.\n(sec.186G-ssec.3) The police commissioner must comply with the request.\n(sec.186G-ssec.4) However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.186G-ssec.5) In this section— criminal history , of a councillor, includes— spent convictions; and every charge made against the councillor for an offence, in Queensland or elsewhere. s 186G ins 2018 No. 9 s 7A\n- (a) receives a notice from a councillor— (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or (ii) under section 186D ; or\n- (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or\n- (ii) under section 186D ; or\n- (b) reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\n- (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or\n- (ii) under section 186D ; or\n- (a) spent convictions; and\n- (b) every charge made against the councillor for an offence, in Queensland or elsewhere.","sortOrder":285},{"sectionNumber":"sec.186H","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.186H Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person—\nis or was an officer, employee or agent of the department; or\nis or was a councillor, officer, employee or agent of the council.\nThe person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the criminal history information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nThe person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.\nIn this section—\ncriminal history information means the information contained in—\na report given to the Minister under section 186G ; or\na notice given to the Minister, a councillor or the chief executive officer—\nunder section 158A in relation to the conviction of a councillor for a disqualifying offence; or\nunder section 186D .\ns 186H ins 2018 No. 9 s 7A\n(sec.186H-ssec.1) This section applies to a person who possesses criminal history information because the person— is or was an officer, employee or agent of the department; or is or was a councillor, officer, employee or agent of the council.\n(sec.186H-ssec.2) The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.186H-ssec.3) The person is permitted to disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.186H-ssec.4) The person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.\n(sec.186H-ssec.5) In this section— criminal history information means the information contained in— a report given to the Minister under section 186G ; or a notice given to the Minister, a councillor or the chief executive officer— under section 158A in relation to the conviction of a councillor for a disqualifying offence; or under section 186D .\n- (a) is or was an officer, employee or agent of the department; or\n- (b) is or was a councillor, officer, employee or agent of the council.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) a report given to the Minister under section 186G ; or\n- (b) a notice given to the Minister, a councillor or the chief executive officer— (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or (ii) under section 186D .\n- (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or\n- (ii) under section 186D .\n- (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or\n- (ii) under section 186D .","sortOrder":286},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":287},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2019 No. 30 s 35","sortOrder":288},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 om 2019 No. 30 s 35","sortOrder":289},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 om 2019 No. 30 s 35","sortOrder":290},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Council employees, councillor advisors etc.","content":"# Council employees, councillor advisors etc.","sortOrder":291},{"sectionNumber":"ch.6-pt.4-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":292},{"sectionNumber":"sec.190","sectionType":"section","heading":"Appointing a chief executive officer","content":"### sec.190 Appointing a chief executive officer\n\nThe council must appoint a qualified person to be the council’s chief executive officer.\nA person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of a chief executive officer.\nA person who is appointed as the chief executive officer must enter into a written contract of employment with the council.\nThe contract of employment must provide for—\nthe chief executive officer to meet performance standards set by the mayor; and\nthe chief executive officer’s conditions of employment (including remuneration).\n(sec.190-ssec.1) The council must appoint a qualified person to be the council’s chief executive officer.\n(sec.190-ssec.2) A person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of a chief executive officer.\n(sec.190-ssec.3) A person who is appointed as the chief executive officer must enter into a written contract of employment with the council.\n(sec.190-ssec.4) The contract of employment must provide for— the chief executive officer to meet performance standards set by the mayor; and the chief executive officer’s conditions of employment (including remuneration).\n- (a) the chief executive officer to meet performance standards set by the mayor; and\n- (b) the chief executive officer’s conditions of employment (including remuneration).","sortOrder":293},{"sectionNumber":"sec.191","sectionType":"section","heading":"Appointing an acting chief executive officer","content":"### sec.191 Appointing an acting chief executive officer\n\nThe Establishment and Coordination Committee may appoint a qualified person to act as the chief executive officer during—\nany vacancy, or all vacancies, in the position; or\nany period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer’s responsibilities.\ns 191 amd 2012 No. 33 s 56\n- (a) any vacancy, or all vacancies, in the position; or\n- (b) any period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer’s responsibilities.","sortOrder":294},{"sectionNumber":"ch.6-pt.4-div.2","sectionType":"division","heading":"Other council employees","content":"## Other council employees","sortOrder":295},{"sectionNumber":"sec.192","sectionType":"section","heading":"Appointing senior executive employees and senior contract employees","content":"### sec.192 Appointing senior executive employees and senior contract employees\n\nThe council must appoint qualified persons to be the council’s senior executive employees and senior contract employees.\nA person is qualified to be a senior executive employee or senior contract employee if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of the senior executive employee or senior contract employee.\ns 192 amd 2020 No. 20 s 83 ; 2026 No. 5 s 15\n(sec.192-ssec.1) The council must appoint qualified persons to be the council’s senior executive employees and senior contract employees.\n(sec.192-ssec.2) A person is qualified to be a senior executive employee or senior contract employee if the person has the ability, experience, knowledge and skills that the council considers appropriate, having regard to the responsibilities of the senior executive employee or senior contract employee.","sortOrder":296},{"sectionNumber":"sec.193","sectionType":"section","heading":"Appointing other council employees","content":"### sec.193 Appointing other council employees\n\nThe council must adopt, by resolution, an organisational structure that is appropriate to the performance of the council’s responsibilities.\nThe council may employ other council employees for the performance of the council’s responsibilities.\nThe chief executive officer must appoint the council employees, other than senior executive employees and senior contract employees.\ns 193 amd 2020 No. 20 s 84 ; 2026 No. 5 s 16\n(sec.193-ssec.1) The council must adopt, by resolution, an organisational structure that is appropriate to the performance of the council’s responsibilities.\n(sec.193-ssec.2) The council may employ other council employees for the performance of the council’s responsibilities.\n(sec.193-ssec.3) The chief executive officer must appoint the council employees, other than senior executive employees and senior contract employees.","sortOrder":297},{"sectionNumber":"sec.193A","sectionType":"section","heading":"Conditions of appointment of council employees","content":"### sec.193A Conditions of appointment of council employees\n\nA council employee is employed on—\nthe conditions contained in any relevant industrial instrument; and\nany other conditions that the council decides.\ns 193A ins 2026 No. 5 s 17\n- (a) the conditions contained in any relevant industrial instrument; and\n- (b) any other conditions that the council decides.","sortOrder":298},{"sectionNumber":"sec.194","sectionType":"section","heading":"Disciplinary action against council employees","content":"### sec.194 Disciplinary action against council employees\n\nThe chief executive officer may take disciplinary action against a council employee.\nA regulation may prescribe—\nwhen disciplinary action may be taken against a council employee; and\nthe types of disciplinary action that may be taken against a council employee.\ns 194 amd 2012 No. 33 s 57\n(sec.194-ssec.1) The chief executive officer may take disciplinary action against a council employee.\n(sec.194-ssec.2) A regulation may prescribe— when disciplinary action may be taken against a council employee; and the types of disciplinary action that may be taken against a council employee.\n- (a) when disciplinary action may be taken against a council employee; and\n- (b) the types of disciplinary action that may be taken against a council employee.","sortOrder":299},{"sectionNumber":"ch.6-pt.4-div.2A","sectionType":"division","heading":"Councillor advisors","content":"## Councillor advisors","sortOrder":300},{"sectionNumber":"sec.194A","sectionType":"section","heading":"Appointment and functions of councillor advisors","content":"### sec.194A Appointment and functions of councillor advisors\n\nA councillor may appoint 1 or more appropriately qualified persons (each a councillor advisor ) to assist the councillor in performing responsibilities under this Act.\nadministrative support, coordinating media activities, event management functions, policy development, office management\nHowever, the councillor must not—\nappoint a close associate of the councillor as a councillor advisor; or\nappoint more than the number of councillor advisors prescribed under section 194C (1) .\nIf the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the council.\nThe contract of employment must provide for—\nthe councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and\nthe councillor advisor’s functions and key responsibilities; and\na requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under the Local Government Act , section 197C ; and\nwhen disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\nThe councillor advisor’s functions and responsibilities can not include—\ncarrying out or assisting in an activity relating to a councillor’s campaign for re-election; or\nA person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor.\ndirecting a council employee.\nThe councillor who appointed the councillor advisor may give a direction to the councillor advisor.\ns 194A ins 2020 No. 20 s 85\namd 2026 No. 5 s 18\namd 2026 No. 5 s 141 s ch 1 pt 2 (uncommenced amendment)\n(sec.194A-ssec.1) A councillor may appoint 1 or more appropriately qualified persons (each a councillor advisor ) to assist the councillor in performing responsibilities under this Act. administrative support, coordinating media activities, event management functions, policy development, office management\n(sec.194A-ssec.2) However, the councillor must not— appoint a close associate of the councillor as a councillor advisor; or appoint more than the number of councillor advisors prescribed under section 194C (1) .\n(sec.194A-ssec.3) If the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the council.\n(sec.194A-ssec.4) The contract of employment must provide for— the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and the councillor advisor’s functions and key responsibilities; and a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under the Local Government Act , section 197C ; and when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\n(sec.194A-ssec.5) The councillor advisor’s functions and responsibilities can not include— carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or A person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor. directing a council employee.\n(sec.194A-ssec.6) The councillor who appointed the councillor advisor may give a direction to the councillor advisor.\n- (a) appoint a close associate of the councillor as a councillor advisor; or\n- (b) appoint more than the number of councillor advisors prescribed under section 194C (1) .\n- (a) the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and\n- (b) the councillor advisor’s functions and key responsibilities; and\n- (c) a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under the Local Government Act , section 197C ; and\n- (d) when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\n- (a) carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or Note— A person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor.\n- (b) directing a council employee.","sortOrder":301},{"sectionNumber":"sec.194B","sectionType":"section","heading":"When appointment ends","content":"### sec.194B When appointment ends\n\nA councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions—\nsection 197 (2) or (4) ;\nsection 198D ;\nsection 198F (2) or (3) ;\nsection 215 (1) .\nAlso, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens—\nthe term of the councillor who appointed the councillor advisor ends;\nthe councillor who appointed the councillor advisor is suspended.\ns 194B ins 2020 No. 20 s 85\n(sec.194B-ssec.1) A councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions— section 197 (2) or (4) ; section 198D ; section 198F (2) or (3) ; section 215 (1) .\n(sec.194B-ssec.2) Also, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens— the term of the councillor who appointed the councillor advisor ends; the councillor who appointed the councillor advisor is suspended.\n- (a) section 197 (2) or (4) ;\n- (b) section 198D ;\n- (c) section 198F (2) or (3) ;\n- (d) section 215 (1) .\n- (a) the term of the councillor who appointed the councillor advisor ends;\n- (b) the councillor who appointed the councillor advisor is suspended.","sortOrder":302},{"sectionNumber":"sec.194C","sectionType":"section","heading":"Regulation may prescribe number of councillor advisors","content":"### sec.194C Regulation may prescribe number of councillor advisors\n\nA regulation may prescribe the maximum number of councillor advisors each councillor may appoint.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must ask the remuneration commission for its recommendation about the proposed regulation.\nThe Minister must have regard to the recommendation of the remuneration commission in recommending the making of the regulation to the Governor in Council.\nThe maximum number of councillor advisors prescribed under subsection (1) —\nis the number of full-time equivalent councillor advisors a councillor may appoint; and\ndoes not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.\nIn this section—\nremuneration commission see the Local Government Act , section 176 .\ns 194C ins 2020 No. 20 s 85\namd 2026 No. 5 s 19\n(sec.194C-ssec.1) A regulation may prescribe the maximum number of councillor advisors each councillor may appoint.\n(sec.194C-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must ask the remuneration commission for its recommendation about the proposed regulation.\n(sec.194C-ssec.3) The Minister must have regard to the recommendation of the remuneration commission in recommending the making of the regulation to the Governor in Council.\n(sec.194C-ssec.4) The maximum number of councillor advisors prescribed under subsection (1) — is the number of full-time equivalent councillor advisors a councillor may appoint; and does not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.\n(sec.194C-ssec.5) In this section— remuneration commission see the Local Government Act , section 176 .\n- (a) is the number of full-time equivalent councillor advisors a councillor may appoint; and\n- (b) does not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.","sortOrder":303},{"sectionNumber":"ch.6-pt.4-div.3","sectionType":"division","heading":"Common provisions","content":"## Common provisions","sortOrder":304},{"sectionNumber":"sec.195","sectionType":"section","heading":"Concurrent employment of council employees","content":"### sec.195 Concurrent employment of council employees\n\nThis section applies to all council employees, including the chief executive officer.\nA council employee may be employed by more than 1 local government at the same time, if each of the local governments agree.\n(sec.195-ssec.1) This section applies to all council employees, including the chief executive officer.\n(sec.195-ssec.2) A council employee may be employed by more than 1 local government at the same time, if each of the local governments agree.","sortOrder":305},{"sectionNumber":"sec.196","sectionType":"section","heading":"Improper conduct by council employees","content":"### sec.196 Improper conduct by council employees\n\nThis section applies to the following persons—\na council employee;\na contractor of the council;\nanother type of person prescribed by regulation.\nThe person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1) (a) , (b) or (c) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, subsection (2) does not apply to—\nremuneration paid by the council; or\na benefit that has only a nominal value.\nThe person must not unlawfully destroy or damage property of the council.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 196 amd 2012 No. 33 s 58 ; 2020 No. 20 s 86\n(sec.196-ssec.1) This section applies to the following persons— a council employee; a contractor of the council; another type of person prescribed by regulation.\n(sec.196-ssec.2) The person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1) (a) , (b) or (c) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.196-ssec.3) However, subsection (2) does not apply to— remuneration paid by the council; or a benefit that has only a nominal value.\n(sec.196-ssec.4) The person must not unlawfully destroy or damage property of the council. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) a council employee;\n- (b) a contractor of the council;\n- (c) another type of person prescribed by regulation.\n- (a) remuneration paid by the council; or\n- (b) a benefit that has only a nominal value.","sortOrder":306},{"sectionNumber":"sec.197","sectionType":"section","heading":"Use of information by council employees and councillor advisors","content":"### sec.197 Use of information by council employees and councillor advisors\n\nThis section applies to a person who is, or has been, any of the following—\na council employee;\na councillor advisor;\na contractor of the council;\nanother type of person prescribed by regulation.\nThe person must not use information acquired as a person mentioned in subsection (1) (a) , (b) , (c) or (d) to—\ngain (directly or indirectly) an advantage for the person or someone else; or\ncause detriment to the council.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (2) does not apply to information that is lawfully available to the public.\nThe person must not release information that the person knows, or should reasonably know, is information that—\nis confidential to the council; and\nthe council wishes to keep confidential.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 197 amd 2012 No. 33 s 59 ; 2020 No. 20 s 87\n(sec.197-ssec.1) This section applies to a person who is, or has been, any of the following— a council employee; a councillor advisor; a contractor of the council; another type of person prescribed by regulation.\n(sec.197-ssec.2) The person must not use information acquired as a person mentioned in subsection (1) (a) , (b) , (c) or (d) to— gain (directly or indirectly) an advantage for the person or someone else; or cause detriment to the council. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.197-ssec.3) Subsection (2) does not apply to information that is lawfully available to the public.\n(sec.197-ssec.4) The person must not release information that the person knows, or should reasonably know, is information that— is confidential to the council; and the council wishes to keep confidential. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) a council employee;\n- (b) a councillor advisor;\n- (c) a contractor of the council;\n- (d) another type of person prescribed by regulation.\n- (a) gain (directly or indirectly) an advantage for the person or someone else; or\n- (b) cause detriment to the council.\n- (a) is confidential to the council; and\n- (b) the council wishes to keep confidential.","sortOrder":307},{"sectionNumber":"sec.198","sectionType":"section","heading":"Annual report must detail particular information about council employees and councillor advisors","content":"### sec.198 Annual report must detail particular information about council employees and councillor advisors\n\nThe annual report of the council must state—\nthe total of all remuneration packages that are payable for the year to the senior management; and\nthe number of employees in senior management who are being paid each band of remuneration; and\nfor each councillor—\nthe number of councillor advisors appointed by the councillor for the year; and\nthe total remuneration payable to all councillor advisors appointed by the councillor for the year.\nThe senior management consists of the chief executive officer and all senior executive employees.\nEach band of remuneration is an increment of $100,000.\nTo remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.\ns 198 sub 2012 No. 33 s 60\namd 2020 No. 20 s 88\n(sec.198-ssec.1) The annual report of the council must state— the total of all remuneration packages that are payable for the year to the senior management; and the number of employees in senior management who are being paid each band of remuneration; and for each councillor— the number of councillor advisors appointed by the councillor for the year; and the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n(sec.198-ssec.2) The senior management consists of the chief executive officer and all senior executive employees.\n(sec.198-ssec.3) Each band of remuneration is an increment of $100,000.\n(sec.198-ssec.4) To remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.\n- (a) the total of all remuneration packages that are payable for the year to the senior management; and\n- (b) the number of employees in senior management who are being paid each band of remuneration; and\n- (c) for each councillor— (i) the number of councillor advisors appointed by the councillor for the year; and (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n- (i) the number of councillor advisors appointed by the councillor for the year; and\n- (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n- (i) the number of councillor advisors appointed by the councillor for the year; and\n- (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.","sortOrder":308},{"sectionNumber":"ch.6-pt.4A","sectionType":"part","heading":"Obligations of councillors and councillor advisors","content":"# Obligations of councillors and councillor advisors","sortOrder":309},{"sectionNumber":"sec.198A","sectionType":"section","heading":"Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment","content":"### sec.198A Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment\n\nThis section applies if—\na councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or\na councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\nThe councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed.\nContravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nA person is related to a councillor if—\nthe person is the councillor’s spouse; or\nthe person is totally or substantially dependent on the councillor and—\nthe person is the councillor’s child; or\nthe person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\nA person is related to a councillor advisor if—\nthe person is the advisor’s spouse; or\nthe person is totally or substantially dependent on the advisor and—\nthe person is the advisor’s child; or\nthe person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\ns 198A ins 2020 No. 20 s 89\namd 2023 No. 30 s 119 sch 1\n(sec.198A-ssec.1) This section applies if— a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\n(sec.198A-ssec.2) The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed. Contravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.198A-ssec.3) A person is related to a councillor if— the person is the councillor’s spouse; or the person is totally or substantially dependent on the councillor and— the person is the councillor’s child; or the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n(sec.198A-ssec.4) A person is related to a councillor advisor if— the person is the advisor’s spouse; or the person is totally or substantially dependent on the advisor and— the person is the advisor’s child; or the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (a) a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or\n- (b) a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\n- (a) the person is the councillor’s spouse; or\n- (b) the person is totally or substantially dependent on the councillor and— (i) the person is the councillor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (i) the person is the councillor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (i) the person is the councillor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (a) the person is the advisor’s spouse; or\n- (b) the person is totally or substantially dependent on the advisor and— (i) the person is the advisor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (i) the person is the advisor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (i) the person is the advisor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.","sortOrder":310},{"sectionNumber":"sec.198B","sectionType":"section","heading":"Obligation of councillor or councillor advisor to correct register of interests","content":"### sec.198B Obligation of councillor or councillor advisor to correct register of interests\n\nThis section applies if—\na councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or\nthere is a change to the particulars required to be included in a register of interests under a regulation for—\na councillor or councillor advisor; or\na person who is related to the councillor or advisor.\nThe councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.\nContravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\ns 198B ins 2020 No. 20 s 89\namd 2023 No. 30 s 119 sch 1\n(sec.198B-ssec.1) This section applies if— a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or there is a change to the particulars required to be included in a register of interests under a regulation for— a councillor or councillor advisor; or a person who is related to the councillor or advisor.\n(sec.198B-ssec.2) The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens. Contravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n- (a) a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or\n- (b) there is a change to the particulars required to be included in a register of interests under a regulation for— (i) a councillor or councillor advisor; or (ii) a person who is related to the councillor or advisor.\n- (i) a councillor or councillor advisor; or\n- (ii) a person who is related to the councillor or advisor.\n- (i) a councillor or councillor advisor; or\n- (ii) a person who is related to the councillor or advisor.","sortOrder":311},{"sectionNumber":"sec.198C","sectionType":"section","heading":"Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests","content":"### sec.198C Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests\n\nEach councillor and councillor advisor must, within 30 days after the end of each financial year, inform the chief executive officer, in the approved form, of the following—\nif the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;\nif there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;\nif paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.\nContravention of this section by a councillor is misconduct under the Local Government Act that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iv) of that Act. Also, this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\ns 198C ins 2020 No. 20 s 89\namd 2023 No. 30 s 119 sch 1\n- (a) if the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;\n- (b) if there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;\n- (c) if paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.","sortOrder":312},{"sectionNumber":"sec.198D","sectionType":"section","heading":"Dishonest conduct of councillor or councillor advisor","content":"### sec.198D Dishonest conduct of councillor or councillor advisor\n\nA person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to—\ndishonestly obtain a benefit for the person or someone else; or\ndishonestly cause a detriment to someone else.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nbenefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.\ndetriment , caused to a person, includes detriment caused to the person’s property.\nrelevant integrity provision —\nfor a councillor, means each of the following provisions—\nsection 177H ;\nsection 177I ;\nsection 177MA ;\nsection 177N ;\nsection 177W ;\nsection 198A ;\nsection 198B ;\nsection 198C ;\nsection 215 , if the information mentioned in that section is given under section 198A , 198B or 198C ; or\nfor a councillor advisor, means each of the following provisions—\nsection 198A ;\nsection 198B ;\nsection 198C ;\nsection 215 , if the information mentioned in that section is given under section 198A , 198B or 198C .\ns 198D ins 2020 No. 20 s 89\namd 2023 No. 30 s 19\namd 2026 No. 5 s 25 (uncommenced amendment)\n(sec.198D-ssec.1) A person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to— dishonestly obtain a benefit for the person or someone else; or dishonestly cause a detriment to someone else. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.198D-ssec.2) In this section— benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute. detriment , caused to a person, includes detriment caused to the person’s property. relevant integrity provision — for a councillor, means each of the following provisions— section 177H ; section 177I ; section 177MA ; section 177N ; section 177W ; section 198A ; section 198B ; section 198C ; section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C ; or for a councillor advisor, means each of the following provisions— section 198A ; section 198B ; section 198C ; section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C .\n- (a) dishonestly obtain a benefit for the person or someone else; or\n- (b) dishonestly cause a detriment to someone else.\n- (a) for a councillor, means each of the following provisions— (i) section 177H ; (ii) section 177I ; (iii) section 177MA ; (iv) section 177N ; (v) section 177W ; (vi) section 198A ; (vii) section 198B ; (viii) section 198C ; (ix) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C ; or\n- (i) section 177H ;\n- (ii) section 177I ;\n- (iii) section 177MA ;\n- (iv) section 177N ;\n- (v) section 177W ;\n- (vi) section 198A ;\n- (vii) section 198B ;\n- (viii) section 198C ;\n- (ix) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C ; or\n- (b) for a councillor advisor, means each of the following provisions— (i) section 198A ; (ii) section 198B ; (iii) section 198C ; (iv) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C .\n- (i) section 198A ;\n- (ii) section 198B ;\n- (iii) section 198C ;\n- (iv) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C .\n- (i) section 177H ;\n- (ii) section 177I ;\n- (iii) section 177MA ;\n- (iv) section 177N ;\n- (v) section 177W ;\n- (vi) section 198A ;\n- (vii) section 198B ;\n- (viii) section 198C ;\n- (ix) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C ; or\n- (i) section 198A ;\n- (ii) section 198B ;\n- (iii) section 198C ;\n- (iv) section 215 , if the information mentioned in that section is given under section 198A , 198B or 198C .","sortOrder":313},{"sectionNumber":"sec.198E","sectionType":"section","heading":"Proceeding for offence against s 198D","content":"### sec.198E Proceeding for offence against s 198D\n\nAn offence against section 198D is a misdemeanour.\nA proceeding for an offence against section 198D may be started only with the written consent of the director of public prosecutions.\nA proceeding for an offence against section 198D may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nHowever, a magistrate must not hear an indictable offence against section 198D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nFor examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\nIf subsection (4) applies—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nA Magistrates Court that summarily deals with a charge of an offence against section 198D —\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\nIn this section—\ndirector of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\ns 198E ins 2020 No. 20 s 89\n(sec.198E-ssec.1) An offence against section 198D is a misdemeanour.\n(sec.198E-ssec.2) A proceeding for an offence against section 198D may be started only with the written consent of the director of public prosecutions.\n(sec.198E-ssec.3) A proceeding for an offence against section 198D may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.198E-ssec.4) However, a magistrate must not hear an indictable offence against section 198D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2) .\n(sec.198E-ssec.5) If subsection (4) applies— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.198E-ssec.6) A Magistrates Court that summarily deals with a charge of an offence against section 198D — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\n(sec.198E-ssec.7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.","sortOrder":314},{"sectionNumber":"sec.198F","sectionType":"section","heading":"Prohibited conduct by councillor or councillor advisor in possession of inside information","content":"### sec.198F Prohibited conduct by councillor or councillor advisor in possession of inside information\n\nThis section applies to a person (the insider ) who is, or has been, a councillor or councillor advisor if the insider—\nacquired inside information as a councillor or councillor advisor; and\nknows, or ought reasonably to know, the inside information is not generally available to the public.\nThe insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThe insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nIn this section—\ncause , in relation to an action, includes the following—\ncarry out the action;\ninstigate the action;\ndirect, or otherwise influence, another person to carry out or instigate the action.\ncorporate entity means a corporation owned by the council.\ninside information means information about any of the following—\nthe operations or finances of the council (including any business activity of the council) or any of its corporate entities;\na proposed policy of the council, including proposed changes to an existing policy;\na contract entered into, or proposed to be entered into, by the council or any of its corporate entities;\na tender process being conducted by or for the council or any of its corporate entities;\na decision, or proposed decision, of the council or any of its committees;\nthe exercise of a power, under a local government related law, by the council, a councillor or a council employee;\nthe exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;\nany legal or financial advice created for the council, any of its committees or any of its corporate entities.\ns 198F ins 2020 No. 20 s 89\n(sec.198F-ssec.1) This section applies to a person (the insider ) who is, or has been, a councillor or councillor advisor if the insider— acquired inside information as a councillor or councillor advisor; and knows, or ought reasonably to know, the inside information is not generally available to the public.\n(sec.198F-ssec.2) The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset. Maximum penalty—1,000 penalty units or 2 years imprisonment.\n(sec.198F-ssec.3) The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset. Maximum penalty—1,000 penalty units or 2 years imprisonment.\n(sec.198F-ssec.4) In this section— cause , in relation to an action, includes the following— carry out the action; instigate the action; direct, or otherwise influence, another person to carry out or instigate the action. corporate entity means a corporation owned by the council. inside information means information about any of the following— the operations or finances of the council (including any business activity of the council) or any of its corporate entities; a proposed policy of the council, including proposed changes to an existing policy; a contract entered into, or proposed to be entered into, by the council or any of its corporate entities; a tender process being conducted by or for the council or any of its corporate entities; a decision, or proposed decision, of the council or any of its committees; the exercise of a power, under a local government related law, by the council, a councillor or a council employee; the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane; any legal or financial advice created for the council, any of its committees or any of its corporate entities.\n- (a) acquired inside information as a councillor or councillor advisor; and\n- (b) knows, or ought reasonably to know, the inside information is not generally available to the public.\n- (a) carry out the action;\n- (b) instigate the action;\n- (c) direct, or otherwise influence, another person to carry out or instigate the action.\n- (a) the operations or finances of the council (including any business activity of the council) or any of its corporate entities;\n- (b) a proposed policy of the council, including proposed changes to an existing policy;\n- (c) a contract entered into, or proposed to be entered into, by the council or any of its corporate entities;\n- (d) a tender process being conducted by or for the council or any of its corporate entities;\n- (e) a decision, or proposed decision, of the council or any of its committees;\n- (f) the exercise of a power, under a local government related law, by the council, a councillor or a council employee;\n- (g) the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;\n- (h) any legal or financial advice created for the council, any of its committees or any of its corporate entities.","sortOrder":315},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":316},{"sectionNumber":"sec.199","sectionType":"section","heading":"Appointing authorised persons","content":"### sec.199 Appointing authorised persons\n\nThe chief executive officer may appoint a qualified person to be an authorised person.\nA person is qualified to be an authorised person if the person—\nhas the competencies—\nthat the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\nprescribed under a regulation; and\nis either—\nan employee of the council; or\nanother type of person prescribed under a regulation.\nThe appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed.\nAn authorised person’s appointment is subject to the conditions stated in—\nthe document that appoints the authorised person; or\na written notice given to the authorised person by the chief executive officer; or\na regulation.\n(sec.199-ssec.1) The chief executive officer may appoint a qualified person to be an authorised person.\n(sec.199-ssec.2) A person is qualified to be an authorised person if the person— has the competencies— that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or prescribed under a regulation; and is either— an employee of the council; or another type of person prescribed under a regulation.\n(sec.199-ssec.3) The appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed.\n(sec.199-ssec.4) An authorised person’s appointment is subject to the conditions stated in— the document that appoints the authorised person; or a written notice given to the authorised person by the chief executive officer; or a regulation.\n- (a) has the competencies— (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or (ii) prescribed under a regulation; and\n- (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\n- (ii) prescribed under a regulation; and\n- (b) is either— (i) an employee of the council; or (ii) another type of person prescribed under a regulation.\n- (i) an employee of the council; or\n- (ii) another type of person prescribed under a regulation.\n- (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\n- (ii) prescribed under a regulation; and\n- (i) an employee of the council; or\n- (ii) another type of person prescribed under a regulation.\n- (a) the document that appoints the authorised person; or\n- (b) a written notice given to the authorised person by the chief executive officer; or\n- (c) a regulation.","sortOrder":317},{"sectionNumber":"sec.200","sectionType":"section","heading":"End of appointment of authorised persons","content":"### sec.200 End of appointment of authorised persons\n\nA person stops being an authorised person—\nat the end of the term of appointment stated in the document that appointed the authorised person; or\nif the authorised person gives the council a signed notice of resignation; or\nif it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.\nIf it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions.\nThis section does not limit the ways in which an authorised person’s appointment ends.\n(sec.200-ssec.1) A person stops being an authorised person— at the end of the term of appointment stated in the document that appointed the authorised person; or if the authorised person gives the council a signed notice of resignation; or if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.\n(sec.200-ssec.2) If it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions.\n(sec.200-ssec.3) This section does not limit the ways in which an authorised person’s appointment ends.\n- (a) at the end of the term of appointment stated in the document that appointed the authorised person; or\n- (b) if the authorised person gives the council a signed notice of resignation; or\n- (c) if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.","sortOrder":318},{"sectionNumber":"sec.201","sectionType":"section","heading":"Identity card for authorised persons","content":"### sec.201 Identity card for authorised persons\n\nThe chief executive officer must give each authorised person an identity card.\nThis section does not stop a single identity card being issued to a person for this Act and for another purpose.\nA person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\n(sec.201-ssec.1) The chief executive officer must give each authorised person an identity card.\n(sec.201-ssec.2) This section does not stop a single identity card being issued to a person for this Act and for another purpose.\n(sec.201-ssec.3) A person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":319},{"sectionNumber":"sec.202","sectionType":"section","heading":"Authorised persons must disclose change in criminal history","content":"### sec.202 Authorised persons must disclose change in criminal history\n\nThis section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example).\nThe authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.202-ssec.1) This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example).\n(sec.202-ssec.2) The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":320},{"sectionNumber":"sec.203","sectionType":"section","heading":"Chief executive officer may obtain report from police commissioner","content":"### sec.203 Chief executive officer may obtain report from police commissioner\n\nThe chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person—\na written report about the person’s criminal history;\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nThe police commissioner must comply with the request.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.203-ssec.1) The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person— a written report about the person’s criminal history; a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.203-ssec.2) The police commissioner must comply with the request.\n(sec.203-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) a written report about the person’s criminal history;\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.","sortOrder":321},{"sectionNumber":"sec.204","sectionType":"section","heading":"Use of criminal history information","content":"### sec.204 Use of criminal history information\n\nThis section is about the use of criminal history information.\nCriminal history information is information about the criminal history of an authorised person obtained under section 202 or 203 .\nThe department’s chief executive may make guidelines for dealing with criminal history information to ensure—\nnatural justice is afforded to the authorised persons to whom the criminal history information relates; and\nonly relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a local government related law; and\ndecisions based on criminal history information are made consistently.\nThe chief executive officer must comply with the guidelines.\nA person who has, or will have, a duty to disclose under section 202 may request a copy of the guidelines from the department.\nThe chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a local government related law.\nMaximum penalty for subsection (6) —100 penalty units.\n(sec.204-ssec.1) This section is about the use of criminal history information.\n(sec.204-ssec.2) Criminal history information is information about the criminal history of an authorised person obtained under section 202 or 203 .\n(sec.204-ssec.3) The department’s chief executive may make guidelines for dealing with criminal history information to ensure— natural justice is afforded to the authorised persons to whom the criminal history information relates; and only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a local government related law; and decisions based on criminal history information are made consistently.\n(sec.204-ssec.4) The chief executive officer must comply with the guidelines.\n(sec.204-ssec.5) A person who has, or will have, a duty to disclose under section 202 may request a copy of the guidelines from the department.\n(sec.204-ssec.6) The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a local government related law. Maximum penalty for subsection (6) —100 penalty units.\n- (a) natural justice is afforded to the authorised persons to whom the criminal history information relates; and\n- (b) only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a local government related law; and\n- (c) decisions based on criminal history information are made consistently.","sortOrder":322},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Way to hold a hearing","content":"# Way to hold a hearing","sortOrder":323},{"sectionNumber":"sec.205","sectionType":"section","heading":"What this part is about","content":"### sec.205 What this part is about\n\nThis part sets out the way to hold a hearing under this Act.\nThe person or other entity that is conducting the hearing is called the investigator in this part.\n(sec.205-ssec.1) This part sets out the way to hold a hearing under this Act.\n(sec.205-ssec.2) The person or other entity that is conducting the hearing is called the investigator in this part.","sortOrder":324},{"sectionNumber":"sec.206","sectionType":"section","heading":"Procedures at hearing","content":"### sec.206 Procedures at hearing\n\nWhen conducting a hearing, the investigator must—\nobserve natural justice; but\nact as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\nFor example, the investigator may—\nact in the absence of a person who has been given reasonable notice of the hearing; or\nreceive evidence by statutory declaration; or\nrefuse to allow a person to be represented by a legal practitioner; or\ndisregard the rules of evidence; or\ndisregard any defect, error, omission or insufficiency in a document; or\nallow a document to be amended; or\nadjourn a hearing.\nHowever, the investigator must comply with any procedural rules prescribed under a regulation.\nA hearing is not affected by a change of the members of an entity that is the investigator.\n(sec.206-ssec.1) When conducting a hearing, the investigator must— observe natural justice; but act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\n(sec.206-ssec.2) For example, the investigator may— act in the absence of a person who has been given reasonable notice of the hearing; or receive evidence by statutory declaration; or refuse to allow a person to be represented by a legal practitioner; or disregard the rules of evidence; or disregard any defect, error, omission or insufficiency in a document; or allow a document to be amended; or adjourn a hearing.\n(sec.206-ssec.3) However, the investigator must comply with any procedural rules prescribed under a regulation.\n(sec.206-ssec.4) A hearing is not affected by a change of the members of an entity that is the investigator.\n- (a) observe natural justice; but\n- (b) act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\n- (a) act in the absence of a person who has been given reasonable notice of the hearing; or\n- (b) receive evidence by statutory declaration; or\n- (c) refuse to allow a person to be represented by a legal practitioner; or\n- (d) disregard the rules of evidence; or\n- (e) disregard any defect, error, omission or insufficiency in a document; or\n- (f) allow a document to be amended; or\n- (g) adjourn a hearing.","sortOrder":325},{"sectionNumber":"sec.207","sectionType":"section","heading":"Witnesses at hearings","content":"### sec.207 Witnesses at hearings\n\nThe investigator may require a person, by giving them a written notice, to attend a hearing as a witness in order to—\ngive evidence; or\nproduce specified documents.\nThe person must—\nattend at the time and place specified in the notice; and\ncontinue to attend until excused by the investigator; and\ntake an oath or make an affirmation if required by the investigator; and\nanswer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and\nproduce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse.\nMaximum penalty—35 penalty units.\nA person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.\nA person who attends as a witness is entitled to—\nthe witness fees that are prescribed under a regulation; or\nif no witness fees are prescribed, the reasonable witness fees decided by the investigator.\n(sec.207-ssec.1) The investigator may require a person, by giving them a written notice, to attend a hearing as a witness in order to— give evidence; or produce specified documents.\n(sec.207-ssec.2) The person must— attend at the time and place specified in the notice; and continue to attend until excused by the investigator; and take an oath or make an affirmation if required by the investigator; and answer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and produce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse. Maximum penalty—35 penalty units.\n(sec.207-ssec.3) A person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.\n(sec.207-ssec.4) A person who attends as a witness is entitled to— the witness fees that are prescribed under a regulation; or if no witness fees are prescribed, the reasonable witness fees decided by the investigator.\n- (a) give evidence; or\n- (b) produce specified documents.\n- (a) attend at the time and place specified in the notice; and\n- (b) continue to attend until excused by the investigator; and\n- (c) take an oath or make an affirmation if required by the investigator; and\n- (d) answer a question that the person is required to answer by the investigator, unless the person has a reasonable excuse; and\n- (e) produce a document that the person is required to produce by the investigator, unless the person has a reasonable excuse.\n- (a) the witness fees that are prescribed under a regulation; or\n- (b) if no witness fees are prescribed, the reasonable witness fees decided by the investigator.","sortOrder":326},{"sectionNumber":"sec.208","sectionType":"section","heading":"Contempt at hearing","content":"### sec.208 Contempt at hearing\n\nA person must not—\ninsult the investigator in a hearing; or\ndeliberately interrupt a hearing; or\ntake part in a disturbance in or near a place where the investigator is conducting a hearing; or\ndo anything that would be a contempt of court if the investigator were a court.\nMaximum penalty—50 penalty units.\n- (a) insult the investigator in a hearing; or\n- (b) deliberately interrupt a hearing; or\n- (c) take part in a disturbance in or near a place where the investigator is conducting a hearing; or\n- (d) do anything that would be a contempt of court if the investigator were a court.","sortOrder":327},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Superannuation","content":"# Superannuation","sortOrder":328},{"sectionNumber":"sec.209","sectionType":"section","heading":"What this part is about","content":"### sec.209 What this part is about\n\nThis part is about superannuation for certain persons who are connected to the council.","sortOrder":329},{"sectionNumber":"sec.210","sectionType":"section","heading":"Super scheme for councillors","content":"### sec.210 Super scheme for councillors\n\nThe council may, for its councillors—\nestablish and amend a superannuation scheme; or\ntake part in a superannuation scheme.\nIf it does so, the council may pay an amount from its operating fund to the superannuation scheme as a contribution for the councillors.\nHowever, the council must not make contributions to the superannuation scheme for a person who is no longer a councillor.\nA councillor may enter into an arrangement with the council under which—\nthe councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and\nthe council agrees to contribute the percentage or amount to the superannuation scheme for the councillor.\nA superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\n(sec.210-ssec.1) The council may, for its councillors— establish and amend a superannuation scheme; or take part in a superannuation scheme.\n(sec.210-ssec.2) If it does so, the council may pay an amount from its operating fund to the superannuation scheme as a contribution for the councillors.\n(sec.210-ssec.3) However, the council must not make contributions to the superannuation scheme for a person who is no longer a councillor.\n(sec.210-ssec.4) A councillor may enter into an arrangement with the council under which— the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and the council agrees to contribute the percentage or amount to the superannuation scheme for the councillor.\n(sec.210-ssec.5) A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\n- (a) establish and amend a superannuation scheme; or\n- (b) take part in a superannuation scheme.\n- (a) the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and\n- (b) the council agrees to contribute the percentage or amount to the superannuation scheme for the councillor.","sortOrder":330},{"sectionNumber":"sec.211","sectionType":"section","heading":"Superannuation scheme for council employees and associated persons","content":"### sec.211 Superannuation scheme for council employees and associated persons\n\nThe council may, for council employees and associated persons—\nestablish and amend a superannuation scheme; or\ntake part in a superannuation scheme.\nIf it does so, the council may pay an amount from the operating fund to the superannuation scheme as a contribution for the council employees and associated persons.\nAn associated person is the spouse of a council employee, or another person prescribed under a regulation.\nA superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\nDespite section 5 (2) , the Local Government Act applies to the following to the extent that that Act applies to the superannuation of an employee of a local government—\nthe Brisbane City Council;\nan employee of Brisbane City Council;\nan associated person.\ns 211 amd 2011 No. 8 s 11 ; 2016 No. 64 s 4\n(sec.211-ssec.1) The council may, for council employees and associated persons— establish and amend a superannuation scheme; or take part in a superannuation scheme.\n(sec.211-ssec.2) If it does so, the council may pay an amount from the operating fund to the superannuation scheme as a contribution for the council employees and associated persons.\n(sec.211-ssec.3) An associated person is the spouse of a council employee, or another person prescribed under a regulation.\n(sec.211-ssec.4) A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\n(sec.211-ssec.5) Despite section 5 (2) , the Local Government Act applies to the following to the extent that that Act applies to the superannuation of an employee of a local government— the Brisbane City Council; an employee of Brisbane City Council; an associated person.\n- (a) establish and amend a superannuation scheme; or\n- (b) take part in a superannuation scheme.\n- (a) the Brisbane City Council;\n- (b) an employee of Brisbane City Council;\n- (c) an associated person.","sortOrder":331},{"sectionNumber":"sec.212","sectionType":"section","heading":"Super schemes to be audited by auditor-general","content":"### sec.212 Super schemes to be audited by auditor-general\n\nThis section applies to a superannuation scheme established or amended by the council under section 210 (1) (a) or 211 (1) (a) .\nThe audit of the superannuation scheme that is required under the Commonwealth Super Act must be carried out by the auditor-general.\ns 212 amd 2011 No. 8 s 12\n(sec.212-ssec.1) This section applies to a superannuation scheme established or amended by the council under section 210 (1) (a) or 211 (1) (a) .\n(sec.212-ssec.2) The audit of the superannuation scheme that is required under the Commonwealth Super Act must be carried out by the auditor-general.","sortOrder":332},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Allocating Commonwealth funding to council","content":"# Allocating Commonwealth funding to council","sortOrder":333},{"sectionNumber":"sec.213","sectionType":"section","heading":"Allocating Commonwealth funding","content":"### sec.213 Allocating Commonwealth funding\n\nThe grants commission is a body that is created under the Local Government Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act .\nUnder section 228 (2) of the Local Government Act , the grants commission and the Minister must comply with the Local Government (Financial Assistance) Act .\nThe Minister must not distribute to the council an amount equal to notional GST if the council has not paid the notional GST.\nNotional GST is an amount that a local government may pay under the GST and Related Matters Act 2000 , section 5 .\nThe Minister must table in the Legislative Assembly the grants commission’s recommendations about the allocation of funding to the council.\n(sec.213-ssec.1) The grants commission is a body that is created under the Local Government Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act . Under section 228 (2) of the Local Government Act , the grants commission and the Minister must comply with the Local Government (Financial Assistance) Act .\n(sec.213-ssec.2) The Minister must not distribute to the council an amount equal to notional GST if the council has not paid the notional GST.\n(sec.213-ssec.3) Notional GST is an amount that a local government may pay under the GST and Related Matters Act 2000 , section 5 .\n(sec.213-ssec.4) The Minister must table in the Legislative Assembly the grants commission’s recommendations about the allocation of funding to the council.","sortOrder":334},{"sectionNumber":"sec.214","sectionType":"section","heading":"Decisions under this part are not subject to appeal","content":"### sec.214 Decisions under this part are not subject to appeal\n\nA decision of the grants commission or the Minister is not subject to appeal.\nSee section 226 for more information.\ns 214 amd 2019 No. 30 s 9","sortOrder":335},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Legal provisions","content":"# Legal provisions","sortOrder":336},{"sectionNumber":"sec.215","sectionType":"section","heading":"False or misleading information","content":"### sec.215 False or misleading information\n\nA person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons—\nthe Minister;\nthe department’s chief executive;\nthe chief executive officer;\nan authorised person;\nthe change commission;\nthe grants commission.\nMaximum penalty—100 penalty units.\nIn certain circumstances this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\nHowever, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person—\nthe person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.\ns 215 amd 2012 No. 33 s 61 ; 2019 No. 30 s 36 ; 2020 No. 20 s 90\n(sec.215-ssec.1) A person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons— the Minister; the department’s chief executive; the chief executive officer; an authorised person; the change commission; the grants commission. Maximum penalty—100 penalty units. In certain circumstances this section is a relevant integrity provision for the offence against section 198D —see section 198D (2) , definition relevant integrity provision .\n(sec.215-ssec.2) However, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person— the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.\n- (a) the Minister;\n- (b) the department’s chief executive;\n- (c) the chief executive officer;\n- (d) an authorised person;\n- (e) the change commission;\n- (f) the grants commission.\n- (a) the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.","sortOrder":337},{"sectionNumber":"sec.216","sectionType":"section","heading":"Administrators who act honestly and without negligence are protected from liability","content":"### sec.216 Administrators who act honestly and without negligence are protected from liability\n\nA State administrator or council administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act 2011 , or omission made under this Act, honestly and without negligence.\nA State administrator is—\nthe Minister; or\nthe department’s chief executive; or\nan authorised officer; or\na member of the change commission; or\na member of the grants commission; or\na person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .\nA council administrator is—\na councillor; or\nthe chief executive officer; or\nan authorised person; or\nanother council employee.\nIf subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.\nIf subsection (1) prevents civil liability attaching to a council administrator, liability attaches instead to the council.\nThe protection given under this section is in addition to any other protection given under another law or Act, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 216 amd 2010 No. 38 s 78 sch 3 ; 2012 No. 33 s 62 ; 2014 No. 44 s 5 ; 2019 No. 30 s 37 ; 2022 No. 34 s 365 sch 3\n(sec.216-ssec.1) A State administrator or council administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act 2011 , or omission made under this Act, honestly and without negligence.\n(sec.216-ssec.2) A State administrator is— the Minister; or the department’s chief executive; or an authorised officer; or a member of the change commission; or a member of the grants commission; or a person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .\n(sec.216-ssec.3) A council administrator is— a councillor; or the chief executive officer; or an authorised person; or another council employee.\n(sec.216-ssec.4) If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.\n(sec.216-ssec.5) If subsection (1) prevents civil liability attaching to a council administrator, liability attaches instead to the council.\n(sec.216-ssec.6) The protection given under this section is in addition to any other protection given under another law or Act, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n- (a) the Minister; or\n- (b) the department’s chief executive; or\n- (c) an authorised officer; or\n- (d) a member of the change commission; or\n- (e) a member of the grants commission; or\n- (f) a person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .\n- (a) a councillor; or\n- (b) the chief executive officer; or\n- (c) an authorised person; or\n- (d) another council employee.","sortOrder":338},{"sectionNumber":"sec.217","sectionType":"section","heading":"Who is authorised to sign council documents","content":"### sec.217 Who is authorised to sign council documents\n\nThe following persons may sign a document on behalf of the council—\nthe head of the council;\na delegate of the council;\na councillor or council employee who is authorised by the head of the council, in writing, to sign documents.\nSee section 238 for the council’s power to delegate.\nThe head of the council is—\nthe mayor; or\nif all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the interim administrator; or\nif there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.\ns 217 amd 2012 No. 33 s 63 ; 2019 No. 30 s 38\n(sec.217-ssec.1) The following persons may sign a document on behalf of the council— the head of the council; a delegate of the council; a councillor or council employee who is authorised by the head of the council, in writing, to sign documents. See section 238 for the council’s power to delegate.\n(sec.217-ssec.2) The head of the council is— the mayor; or if all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the interim administrator; or if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.\n- (a) the head of the council;\n- (b) a delegate of the council;\n- (c) a councillor or council employee who is authorised by the head of the council, in writing, to sign documents.\n- (a) the mayor; or\n- (b) if all of the councillors have been suspended or the council has been dissolved under the Local Government Act , section 123 and an interim administrator is appointed—the interim administrator; or\n- (c) if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.","sortOrder":339},{"sectionNumber":"sec.218","sectionType":"section","heading":"Name in proceedings by or against council","content":"### sec.218 Name in proceedings by or against council\n\nAny proceedings by the council must be started in the name of the council.\nHowever, the council may start a proceeding under the Justices Act 1886 in the name of a council employee who is a public officer within the meaning of that Act.\nAny proceedings against the council must be started against the council in its name.\ns 218 amd 2012 No. 33 s 64\n(sec.218-ssec.1) Any proceedings by the council must be started in the name of the council.\n(sec.218-ssec.2) However, the council may start a proceeding under the Justices Act 1886 in the name of a council employee who is a public officer within the meaning of that Act.\n(sec.218-ssec.3) Any proceedings against the council must be started against the council in its name.","sortOrder":340},{"sectionNumber":"sec.219","sectionType":"section","heading":"Service of documents on council","content":"### sec.219 Service of documents on council\n\nA document is properly served on the council if it is given to the chief executive officer in a way that is authorised by law.","sortOrder":341},{"sectionNumber":"sec.220","sectionType":"section","heading":"Substituted service","content":"### sec.220 Substituted service\n\nIf an owner of rateable land is known to be absent from the State, the council may serve a document on the owner by serving the document on the owner’s agent in the State.\nSubsection (3) applies if—\nthe council must serve a document on a person who owns or occupies a property; but\nthe council does not know, or is uncertain about, the person’s current address.\nThe council may serve the document by—\npublishing a notice that contains a copy of the document on the council’s website; or\npublishing a notice that contains a summary of the document in—\na newspaper that is circulating generally throughout the State; and\nthe gazette.\nThe notice must be addressed to—\nif the council knows the person’s name—the person by name; or\nif the council does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.\ns 220 amd 2023 No. 30 s 20\n(sec.220-ssec.1) If an owner of rateable land is known to be absent from the State, the council may serve a document on the owner by serving the document on the owner’s agent in the State.\n(sec.220-ssec.2) Subsection (3) applies if— the council must serve a document on a person who owns or occupies a property; but the council does not know, or is uncertain about, the person’s current address.\n(sec.220-ssec.3) The council may serve the document by— publishing a notice that contains a copy of the document on the council’s website; or publishing a notice that contains a summary of the document in— a newspaper that is circulating generally throughout the State; and the gazette.\n(sec.220-ssec.4) The notice must be addressed to— if the council knows the person’s name—the person by name; or if the council does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.\n- (a) the council must serve a document on a person who owns or occupies a property; but\n- (b) the council does not know, or is uncertain about, the person’s current address.\n- (a) publishing a notice that contains a copy of the document on the council’s website; or\n- (b) publishing a notice that contains a summary of the document in— (i) a newspaper that is circulating generally throughout the State; and (ii) the gazette.\n- (i) a newspaper that is circulating generally throughout the State; and\n- (ii) the gazette.\n- (i) a newspaper that is circulating generally throughout the State; and\n- (ii) the gazette.\n- (a) if the council knows the person’s name—the person by name; or\n- (b) if the council does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.","sortOrder":342},{"sectionNumber":"sec.221","sectionType":"section","heading":"Local government related laws requiring a statement of a law","content":"### sec.221 Local government related laws requiring a statement of a law\n\nA provision of a local government related law, that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be—\nobtained, free of charge, on application to the council; or\nviewed at an identified website.\n- (a) obtained, free of charge, on application to the council; or\n- (b) viewed at an identified website.","sortOrder":343},{"sectionNumber":"sec.222","sectionType":"section","heading":"Acting for council in legal proceedings","content":"### sec.222 Acting for council in legal proceedings\n\nIn any proceedings, the chief executive officer, or another employee authorised in writing by the council—\nmay give instructions and act as the authorised agent for the council; and\nmay sign all documents for the council.\nThe council must pay the costs incurred by the chief executive officer or other employee in any proceedings.\nIf the Attorney-General could take proceedings on behalf of the council to ensure compliance with a local government related law, the council may take the proceeding in its own name.\n(sec.222-ssec.1) In any proceedings, the chief executive officer, or another employee authorised in writing by the council— may give instructions and act as the authorised agent for the council; and may sign all documents for the council.\n(sec.222-ssec.2) The council must pay the costs incurred by the chief executive officer or other employee in any proceedings.\n(sec.222-ssec.3) If the Attorney-General could take proceedings on behalf of the council to ensure compliance with a local government related law, the council may take the proceeding in its own name.\n- (a) may give instructions and act as the authorised agent for the council; and\n- (b) may sign all documents for the council.","sortOrder":344},{"sectionNumber":"sec.223","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.223 Attempt to commit offence\n\nA person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence.","sortOrder":345},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 om 2019 No. 30 s 10","sortOrder":346},{"sectionNumber":"sec.225","sectionType":"section","heading":"Time to start proceedings in a summary way","content":"### sec.225 Time to start proceedings in a summary way\n\nProceedings for an offence against this Act that are to be heard in a summary way under the Justices Act 1886 must be started—\nwithin 1 year after the offence was committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n- (a) within 1 year after the offence was committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":347},{"sectionNumber":"sec.226","sectionType":"section","heading":"Decisions not subject to appeal","content":"### sec.226 Decisions not subject to appeal\n\nThis section applies if a provision of this Act declares a decision to be not subject to appeal.\nUnless the Supreme Court decides the decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\nA person who, but for subsection (2) , could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.\nIn this section—\ndecision includes—\nconduct related to making the decision; and\na failure to make a decision.\ns 226 sub 2019 No. 30 s 11\n(sec.226-ssec.1) This section applies if a provision of this Act declares a decision to be not subject to appeal.\n(sec.226-ssec.2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.226-ssec.3) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\n(sec.226-ssec.4) A person who, but for subsection (2) , could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.\n(sec.226-ssec.5) In this section— decision includes— conduct related to making the decision; and a failure to make a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) conduct related to making the decision; and\n- (b) a failure to make a decision.","sortOrder":348},{"sectionNumber":"sec.227","sectionType":"section","heading":"Judges and other office holders not disqualified from adjudicating","content":"### sec.227 Judges and other office holders not disqualified from adjudicating\n\nA judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which the council is a party only because the person is, or is liable to be, a ratepayer of the council.","sortOrder":349},{"sectionNumber":"sec.228","sectionType":"section","heading":"Where fines are to be paid to","content":"### sec.228 Where fines are to be paid to\n\nThis section applies if, in proceedings brought by the council for an offence against a local government related law, the court imposes a fine.\nThe fine must be paid to the council’s operating fund, unless the court ordered the fine to be paid to a person.\n(sec.228-ssec.1) This section applies if, in proceedings brought by the council for an offence against a local government related law, the court imposes a fine.\n(sec.228-ssec.2) The fine must be paid to the council’s operating fund, unless the court ordered the fine to be paid to a person.","sortOrder":350},{"sectionNumber":"sec.229","sectionType":"section","heading":"Evidence of local laws","content":"### sec.229 Evidence of local laws\n\nIn any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law.\nA certified copy of a local law or consolidated version of a local law is a copy that has been certified by the chief executive officer to be the local law or consolidated version as made by the council.\nIn any proceedings, a copy of the gazette that contains a notice of making a local law is—\nevidence of the content of the notice; and\nevidence that the local law has been properly made.\nIn any proceedings, the competence of the council to make a particular local law is presumed unless the matter is raised.\n(sec.229-ssec.1) In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law.\n(sec.229-ssec.2) A certified copy of a local law or consolidated version of a local law is a copy that has been certified by the chief executive officer to be the local law or consolidated version as made by the council.\n(sec.229-ssec.3) In any proceedings, a copy of the gazette that contains a notice of making a local law is— evidence of the content of the notice; and evidence that the local law has been properly made.\n(sec.229-ssec.4) In any proceedings, the competence of the council to make a particular local law is presumed unless the matter is raised.\n- (a) evidence of the content of the notice; and\n- (b) evidence that the local law has been properly made.","sortOrder":351},{"sectionNumber":"sec.230","sectionType":"section","heading":"Evidence of proceedings of council","content":"### sec.230 Evidence of proceedings of council\n\nThis section applies to a document that—\npurports to be a copy of an entry in a record of the proceedings of—\nthe council; or\na committee of the council; and\npurports to have been signed at the time when the entry was made by—\nthe mayor; or\nthe chairperson of the council; or\nfor a committee of the council—the committee chairperson; and\nis certified by the chief executive officer to be a true copy of the document.\nThe document is evidence—\nof the proceedings; and\nthat the proceedings were properly held.\n(sec.230-ssec.1) This section applies to a document that— purports to be a copy of an entry in a record of the proceedings of— the council; or a committee of the council; and purports to have been signed at the time when the entry was made by— the mayor; or the chairperson of the council; or for a committee of the council—the committee chairperson; and is certified by the chief executive officer to be a true copy of the document.\n(sec.230-ssec.2) The document is evidence— of the proceedings; and that the proceedings were properly held.\n- (a) purports to be a copy of an entry in a record of the proceedings of— (i) the council; or (ii) a committee of the council; and\n- (i) the council; or\n- (ii) a committee of the council; and\n- (b) purports to have been signed at the time when the entry was made by— (i) the mayor; or (ii) the chairperson of the council; or (iii) for a committee of the council—the committee chairperson; and\n- (i) the mayor; or\n- (ii) the chairperson of the council; or\n- (iii) for a committee of the council—the committee chairperson; and\n- (c) is certified by the chief executive officer to be a true copy of the document.\n- (i) the council; or\n- (ii) a committee of the council; and\n- (i) the mayor; or\n- (ii) the chairperson of the council; or\n- (iii) for a committee of the council—the committee chairperson; and\n- (a) of the proceedings; and\n- (b) that the proceedings were properly held.","sortOrder":352},{"sectionNumber":"sec.231","sectionType":"section","heading":"Evidentiary value of copies","content":"### sec.231 Evidentiary value of copies\n\nThis section applies to a copy of a document that—\npurports to be made under the authority of the council or mayor; and\npurports to be verified by the mayor or an employee who is authorised by the council.\nThe copy of the document is evidence in any proceedings as if the copy were the original of the document.\n(sec.231-ssec.1) This section applies to a copy of a document that— purports to be made under the authority of the council or mayor; and purports to be verified by the mayor or an employee who is authorised by the council.\n(sec.231-ssec.2) The copy of the document is evidence in any proceedings as if the copy were the original of the document.\n- (a) purports to be made under the authority of the council or mayor; and\n- (b) purports to be verified by the mayor or an employee who is authorised by the council.","sortOrder":353},{"sectionNumber":"sec.232","sectionType":"section","heading":"Evidentiary value of certificates","content":"### sec.232 Evidentiary value of certificates\n\nThis section applies to a certificate that—\npurports to be about the state of, or a fact in, a record of the council; and\npurports to be signed by the chief executive officer.\nThe certificate is evidence of the matters contained in the certificate.\n(sec.232-ssec.1) This section applies to a certificate that— purports to be about the state of, or a fact in, a record of the council; and purports to be signed by the chief executive officer.\n(sec.232-ssec.2) The certificate is evidence of the matters contained in the certificate.\n- (a) purports to be about the state of, or a fact in, a record of the council; and\n- (b) purports to be signed by the chief executive officer.","sortOrder":354},{"sectionNumber":"sec.233","sectionType":"section","heading":"Evidence of directions given to council","content":"### sec.233 Evidence of directions given to council\n\nThis section applies to a document that—\npurports to be a direction that the Minister, or the department’s chief executive, gave to the council under this Act or the Local Government Act ; and\npurports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\nThe document is evidence of—\nthe giving of the direction; and\nthe matters contained in the direction.\ns 233 amd 2019 No. 30 s 39\n(sec.233-ssec.1) This section applies to a document that— purports to be a direction that the Minister, or the department’s chief executive, gave to the council under this Act or the Local Government Act ; and purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\n(sec.233-ssec.2) The document is evidence of— the giving of the direction; and the matters contained in the direction.\n- (a) purports to be a direction that the Minister, or the department’s chief executive, gave to the council under this Act or the Local Government Act ; and\n- (b) purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\n- (a) the giving of the direction; and\n- (b) the matters contained in the direction.","sortOrder":355},{"sectionNumber":"sec.234","sectionType":"section","heading":"Evidence of complainant’s knowledge of matter","content":"### sec.234 Evidence of complainant’s knowledge of matter\n\nIn a complaint starting proceedings, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.","sortOrder":356},{"sectionNumber":"sec.235","sectionType":"section","heading":"Constitution and limits of council need not be proved","content":"### sec.235 Constitution and limits of council need not be proved\n\nIt is not necessary for the plaintiff in any proceedings started by, for or against the council to prove—\nthe council’s constitution; or\nthe boundaries of Brisbane; or\nthe boundaries of a ward of Brisbane.\n- (a) the council’s constitution; or\n- (b) the boundaries of Brisbane; or\n- (c) the boundaries of a ward of Brisbane.","sortOrder":357},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Delegation of powers","content":"# Delegation of powers","sortOrder":358},{"sectionNumber":"sec.236","sectionType":"section","heading":"Delegation of Minister’s powers","content":"### sec.236 Delegation of Minister’s powers\n\nThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified person.\nHowever, the Minister must not delegate a power under section 42 .\n(sec.236-ssec.1) The Minister may delegate the Minister’s powers under this Act to an appropriately qualified person.\n(sec.236-ssec.2) However, the Minister must not delegate a power under section 42 .","sortOrder":359},{"sectionNumber":"sec.237","sectionType":"section","heading":"Delegation of department’s chief executive’s powers","content":"### sec.237 Delegation of department’s chief executive’s powers\n\nThe department’s chief executive may delegate the chief executive’s powers under this Act, or a local law, to an appropriately qualified person.","sortOrder":360},{"sectionNumber":"sec.238","sectionType":"section","heading":"Delegation of council powers","content":"### sec.238 Delegation of council powers\n\nThe council may, by resolution, delegate a power under this Act or another Act to—\nthe mayor; or\nthe chief executive officer; or\na standing committee or joint standing committee; or\nanother local government, for the purposes of a joint government activity; or\nthe Establishment and Coordination Committee.\nHowever, the council may only delegate a power to make a decision about an investigation or a councillor’s conduct under the Local Government Act , section 150AEA or 150AG to—\nthe mayor; or\nthe Establishment and Coordination Committee; or\na standing committee of the council.\nAlso, the council must not delegate a power that an Act states must be exercised by resolution.\nA joint standing committee is a committee consisting of councillors of the council and other local governments.\ns 238 amd 2012 No. 33 s 65 ; 2019 No. 30 s 40 ; 2023 No. 30 s 21\namd 2026 No. 5 s 26 (uncommenced amendment)\n(sec.238-ssec.1) The council may, by resolution, delegate a power under this Act or another Act to— the mayor; or the chief executive officer; or a standing committee or joint standing committee; or another local government, for the purposes of a joint government activity; or the Establishment and Coordination Committee.\n(sec.238-ssec.2) However, the council may only delegate a power to make a decision about an investigation or a councillor’s conduct under the Local Government Act , section 150AEA or 150AG to— the mayor; or the Establishment and Coordination Committee; or a standing committee of the council.\n(sec.238-ssec.3) Also, the council must not delegate a power that an Act states must be exercised by resolution.\n(sec.238-ssec.4) A joint standing committee is a committee consisting of councillors of the council and other local governments.\n- (a) the mayor; or\n- (b) the chief executive officer; or\n- (c) a standing committee or joint standing committee; or\n- (d) another local government, for the purposes of a joint government activity; or\n- (e) the Establishment and Coordination Committee.\n- (a) the mayor; or\n- (b) the Establishment and Coordination Committee; or\n- (c) a standing committee of the council.","sortOrder":361},{"sectionNumber":"sec.239","sectionType":"section","heading":"Delegation of chief executive officer’s powers","content":"### sec.239 Delegation of chief executive officer’s powers\n\nA chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the council.\nHowever, the chief executive officer must not delegate the following powers—\na power delegated by the council, if the council has directed the chief executive officer not to further delegate the power;\na power to keep a register of interests.\ns 239 amd 2012 No. 33 s 66\n(sec.239-ssec.1) A chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the council.\n(sec.239-ssec.2) However, the chief executive officer must not delegate the following powers— a power delegated by the council, if the council has directed the chief executive officer not to further delegate the power; a power to keep a register of interests.\n- (a) a power delegated by the council, if the council has directed the chief executive officer not to further delegate the power;\n- (b) a power to keep a register of interests.","sortOrder":362},{"sectionNumber":"sec.240","sectionType":"section","heading":"Council delegations register","content":"### sec.240 Council delegations register\n\nThe chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation.\nThe chief executive officer must record all delegations by the council, mayor or the chief executive officer in the register of delegations.\nThe chief executive officer must ensure the public may view the register at the council’s public office or on the council’s website.\n(sec.240-ssec.1) The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation.\n(sec.240-ssec.2) The chief executive officer must record all delegations by the council, mayor or the chief executive officer in the register of delegations.\n(sec.240-ssec.3) The chief executive officer must ensure the public may view the register at the council’s public office or on the council’s website.","sortOrder":363},{"sectionNumber":"ch.7-pt.5A","sectionType":"part","heading":"Provisions for 2020 quadrennial election","content":"# Provisions for 2020 quadrennial election","sortOrder":364},{"sectionNumber":"sec.240A","sectionType":"section","heading":"Minister may give directions about filling vacancies in office of councillors","content":"### sec.240A Minister may give directions about filling vacancies in office of councillors\n\nThis section applies—\nif the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and\nuntil the day before the 2020 quadrennial election is held.\nSection 163 (2) , (3) and (6) does not apply to the council.\nThe Minister may give a direction to the council about whether or not a vacant office of a councillor (including the mayor) must be filled.\nIf the vacant office must be filled, the Minister may, by notice to the council, extend the period within which the council must fill the vacancy under section 163 (4) .\nIf the Minister extends the period under subsection (4) , the Governor in Council may appoint a qualified person under section 163 (5) to fill the vacant office only if the council has not filled the vacancy within the extended period.\ns 240A ins 2020 No. 11 s 4\n(sec.240A-ssec.1) This section applies— if the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and until the day before the 2020 quadrennial election is held.\n(sec.240A-ssec.2) Section 163 (2) , (3) and (6) does not apply to the council.\n(sec.240A-ssec.3) The Minister may give a direction to the council about whether or not a vacant office of a councillor (including the mayor) must be filled.\n(sec.240A-ssec.4) If the vacant office must be filled, the Minister may, by notice to the council, extend the period within which the council must fill the vacancy under section 163 (4) .\n(sec.240A-ssec.5) If the Minister extends the period under subsection (4) , the Governor in Council may appoint a qualified person under section 163 (5) to fill the vacant office only if the council has not filled the vacancy within the extended period.\n- (a) if the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and\n- (b) until the day before the 2020 quadrennial election is held.","sortOrder":365},{"sectionNumber":"sec.240B","sectionType":"section","heading":null,"content":"### Section sec.240B\n\ns 240B ins 2020 No. 11 s 4\nexp 19 March 2021 (see s 240B(4))","sortOrder":366},{"sectionNumber":"ch.7-pt.5B","sectionType":"part","heading":null,"content":"","sortOrder":367},{"sectionNumber":"sec.240C","sectionType":"section","heading":null,"content":"### Section sec.240C\n\ns 240C ins 2021 No. 8 s 8\nexp 30 April 2022 (see s 240D(4))","sortOrder":368},{"sectionNumber":"sec.240D","sectionType":"section","heading":null,"content":"### Section sec.240D\n\ns 240D ins 2021 No. 8 s 8\nexp 30 April 2022 (see s 240D(4))","sortOrder":369},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":370},{"sectionNumber":"sec.241","sectionType":"section","heading":"Public office of the council","content":"### sec.241 Public office of the council\n\nThe council must keep premises for use as a public office.\nThe public office must be in Brisbane.\n(sec.241-ssec.1) The council must keep premises for use as a public office.\n(sec.241-ssec.2) The public office must be in Brisbane.","sortOrder":371},{"sectionNumber":"sec.242","sectionType":"section","heading":"Powers in support of responsibilities","content":"### sec.242 Powers in support of responsibilities\n\nThis section applies if the council is required or empowered to perform a responsibility under a local government related law.\nThe council has the power to do anything that is necessary or convenient for performing the responsibilities.\nThe powers include all the powers that an individual may exercise, including for example—\npower to enter into contracts; and\npower to acquire, hold, deal with and dispose of property; and\npower to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.\n(sec.242-ssec.1) This section applies if the council is required or empowered to perform a responsibility under a local government related law.\n(sec.242-ssec.2) The council has the power to do anything that is necessary or convenient for performing the responsibilities.\n(sec.242-ssec.3) The powers include all the powers that an individual may exercise, including for example— power to enter into contracts; and power to acquire, hold, deal with and dispose of property; and power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.\n- (a) power to enter into contracts; and\n- (b) power to acquire, hold, deal with and dispose of property; and\n- (c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.","sortOrder":372},{"sectionNumber":"sec.243","sectionType":"section","heading":"Validity of council proceedings","content":"### sec.243 Validity of council proceedings\n\nThe proceedings of the council or any of its committees, or the actions of a person acting as a councillor or member of a committee, are not invalid merely because of—\nvacancies in the membership of the council or committee; or\na defect or irregularity in the election or appointment of any councillor or committee member; or\nthe disqualification of a councillor or committee member from acting as a councillor or committee member.\n- (a) vacancies in the membership of the council or committee; or\n- (b) a defect or irregularity in the election or appointment of any councillor or committee member; or\n- (c) the disqualification of a councillor or committee member from acting as a councillor or committee member.","sortOrder":373},{"sectionNumber":"sec.244","sectionType":"section","heading":"Acceptable requests guidelines","content":"### sec.244 Acceptable requests guidelines\n\nThe acceptable requests guidelines are guidelines about—\nthe way in which a councillor may ask a council employee for advice to help the councillor carry out his or her responsibilities under this Act; and\nthe reasonable limits on requests that a councillor may make.\nThe acceptable requests guidelines are made by the Establishment and Coordination Committee.\ns 244 sub 2012 No. 33 s 67\namd 2019 No. 30 s 52\n(sec.244-ssec.1) The acceptable requests guidelines are guidelines about— the way in which a councillor may ask a council employee for advice to help the councillor carry out his or her responsibilities under this Act; and the reasonable limits on requests that a councillor may make.\n(sec.244-ssec.2) The acceptable requests guidelines are made by the Establishment and Coordination Committee.\n- (a) the way in which a councillor may ask a council employee for advice to help the councillor carry out his or her responsibilities under this Act; and\n- (b) the reasonable limits on requests that a councillor may make.","sortOrder":374},{"sectionNumber":"sec.244A","sectionType":"section","heading":"Civil liability of member of Establishment and Coordination Committee for disclosing information under Right to Information Act 2009","content":"### sec.244A Civil liability of member of Establishment and Coordination Committee for disclosing information under Right to Information Act 2009\n\nA member of the Establishment and Coordination Committee does not incur civil liability as a result of, or in connection with, disclosing committee information in good faith under a publication scheme under the Right to Information Act 2009 , section 21 .\npublishing committee information on the council’s website\nofficial publication of committee information by decision of the Establishment and Coordination Committee\nIf subsection (1) prevents liability attaching to a member, the liability attaches instead to the council.\nThe protection given under this section is in addition to any other protection given under this Act or another Act or law, including, for example, the Local Government Act , section 235 .\nIn this section—\ncommittee information see section 171 (11) .\ns 244A ins 2026 No. 5 s 19A\n(sec.244A-ssec.1) A member of the Establishment and Coordination Committee does not incur civil liability as a result of, or in connection with, disclosing committee information in good faith under a publication scheme under the Right to Information Act 2009 , section 21 . publishing committee information on the council’s website official publication of committee information by decision of the Establishment and Coordination Committee\n(sec.244A-ssec.2) If subsection (1) prevents liability attaching to a member, the liability attaches instead to the council.\n(sec.244A-ssec.3) The protection given under this section is in addition to any other protection given under this Act or another Act or law, including, for example, the Local Government Act , section 235 .\n(sec.244A-ssec.4) In this section— committee information see section 171 (11) .\n- • publishing committee information on the council’s website\n- • official publication of committee information by decision of the Establishment and Coordination Committee","sortOrder":375},{"sectionNumber":"sec.245","sectionType":"section","heading":"Insurance to cover councillors","content":"### sec.245 Insurance to cover councillors\n\nThe council may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors.\nFor that purpose, a councillor’s role includes attending—\nmeetings of the council or its committees that the councillor is entitled or asked to attend; and\nmeetings for a resident of Brisbane; and\nconferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the council; and\nofficial functions organised for the council.\n(sec.245-ssec.1) The council may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors.\n(sec.245-ssec.2) For that purpose, a councillor’s role includes attending— meetings of the council or its committees that the councillor is entitled or asked to attend; and meetings for a resident of Brisbane; and conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the council; and official functions organised for the council.\n- (a) meetings of the council or its committees that the councillor is entitled or asked to attend; and\n- (b) meetings for a resident of Brisbane; and\n- (c) conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the council; and\n- (d) official functions organised for the council.","sortOrder":376},{"sectionNumber":"sec.246","sectionType":"section","heading":"Special entertainment precincts","content":"### sec.246 Special entertainment precincts\n\nThis section is about establishing a special entertainment precinct in Brisbane.\nA special entertainment precinct is an area in which noise from amplified music that is played at licensed premises in the area is regulated by a local law.\nA licensed premises is a licensed premises under the Liquor Act 1992 .\nThe effect of establishing a special entertainment precinct is that—\nnoise from amplified music played at licensed premises in the precinct is regulated by a local law instead of the Liquor Act 1992 ; and\nrequirements imposed under a planning scheme or development approval made or given under the Planning Act about noise abatement apply in relation to particular kinds of development in the precinct.\nTo establish a special entertainment precinct, the council must—\namend the council’s planning scheme to identify the special entertainment precinct; and\nmake a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\nHowever, a local law under this section does not apply to—\na major sports facility under the Major Sports Facilities Act 2001 ; or\nan activity that—\nis for a major event under the Major Events Act 2014 ; and\nis being carried on by, or with the approval of, the major event organiser for the major event.\ns 246 amd 2014 No. 60 s 105 sch 1\n(sec.246-ssec.1) This section is about establishing a special entertainment precinct in Brisbane.\n(sec.246-ssec.2) A special entertainment precinct is an area in which noise from amplified music that is played at licensed premises in the area is regulated by a local law.\n(sec.246-ssec.3) A licensed premises is a licensed premises under the Liquor Act 1992 .\n(sec.246-ssec.4) The effect of establishing a special entertainment precinct is that— noise from amplified music played at licensed premises in the precinct is regulated by a local law instead of the Liquor Act 1992 ; and requirements imposed under a planning scheme or development approval made or given under the Planning Act about noise abatement apply in relation to particular kinds of development in the precinct.\n(sec.246-ssec.5) To establish a special entertainment precinct, the council must— amend the council’s planning scheme to identify the special entertainment precinct; and make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\n(sec.246-ssec.6) However, a local law under this section does not apply to— a major sports facility under the Major Sports Facilities Act 2001 ; or an activity that— is for a major event under the Major Events Act 2014 ; and is being carried on by, or with the approval of, the major event organiser for the major event.\n- (a) noise from amplified music played at licensed premises in the precinct is regulated by a local law instead of the Liquor Act 1992 ; and\n- (b) requirements imposed under a planning scheme or development approval made or given under the Planning Act about noise abatement apply in relation to particular kinds of development in the precinct.\n- (a) amend the council’s planning scheme to identify the special entertainment precinct; and\n- (b) make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\n- (a) a major sports facility under the Major Sports Facilities Act 2001 ; or\n- (b) an activity that— (i) is for a major event under the Major Events Act 2014 ; and (ii) is being carried on by, or with the approval of, the major event organiser for the major event.\n- (i) is for a major event under the Major Events Act 2014 ; and\n- (ii) is being carried on by, or with the approval of, the major event organiser for the major event.\n- (i) is for a major event under the Major Events Act 2014 ; and\n- (ii) is being carried on by, or with the approval of, the major event organiser for the major event.","sortOrder":377},{"sectionNumber":"sec.247","sectionType":"section","heading":"Land registry searches free of charge","content":"### sec.247 Land registry searches free of charge\n\nThis section applies to any of the following persons—\nthe chief executive officer;\nan employee of the council who is authorised by the chief executive officer;\na lawyer or other agent acting for the council;\nan employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.\nThe person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.\n(sec.247-ssec.1) This section applies to any of the following persons— the chief executive officer; an employee of the council who is authorised by the chief executive officer; a lawyer or other agent acting for the council; an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.\n(sec.247-ssec.2) The person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.\n- (a) the chief executive officer;\n- (b) an employee of the council who is authorised by the chief executive officer;\n- (c) a lawyer or other agent acting for the council;\n- (d) an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.","sortOrder":378},{"sectionNumber":"sec.248","sectionType":"section","heading":"Approved forms","content":"### sec.248 Approved forms\n\nThe department’s chief executive may approve forms for use under this Act.","sortOrder":379},{"sectionNumber":"sec.249","sectionType":"section","heading":null,"content":"### Section sec.249\n\ns 249 om 2012 No. 33 s 68","sortOrder":380},{"sectionNumber":"sec.250","sectionType":"section","heading":"Process for administrative action complaints","content":"### sec.250 Process for administrative action complaints\n\nThe council must adopt a process for resolving administrative action complaints.\nAn administrative action complaint is a complaint that—\nis about an administrative action of the council, including the following, for example—\na decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\nan act, or a failure to do an act;\nthe formulation of a proposal or intention;\nthe making of a recommendation; and\nis made by an affected person.\nAn affected person is a person who is apparently directly affected by an administrative action of the council.\nA regulation may provide for the process for resolving complaints about administrative actions of the council by affected persons.\n(sec.250-ssec.1) The council must adopt a process for resolving administrative action complaints.\n(sec.250-ssec.2) An administrative action complaint is a complaint that— is about an administrative action of the council, including the following, for example— a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; an act, or a failure to do an act; the formulation of a proposal or intention; the making of a recommendation; and is made by an affected person.\n(sec.250-ssec.3) An affected person is a person who is apparently directly affected by an administrative action of the council.\n(sec.250-ssec.4) A regulation may provide for the process for resolving complaints about administrative actions of the council by affected persons.\n- (a) is about an administrative action of the council, including the following, for example— (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; (ii) an act, or a failure to do an act; (iii) the formulation of a proposal or intention; (iv) the making of a recommendation; and\n- (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\n- (ii) an act, or a failure to do an act;\n- (iii) the formulation of a proposal or intention;\n- (iv) the making of a recommendation; and\n- (b) is made by an affected person.\n- (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\n- (ii) an act, or a failure to do an act;\n- (iii) the formulation of a proposal or intention;\n- (iv) the making of a recommendation; and","sortOrder":381},{"sectionNumber":"sec.250A","sectionType":"section","heading":"Advisory polls","content":"### sec.250A Advisory polls\n\nThe council may, in the way decided by the council, conduct a voluntary poll of the electors in Brisbane or a part of Brisbane on any issue of concern to Brisbane or the part.\ns 250A ins 2012 No. 33 s 69","sortOrder":382},{"sectionNumber":"sec.251","sectionType":"section","heading":"Information for the Minister","content":"### sec.251 Information for the Minister\n\nThe Minister may, by written notice, require the council to give the Minister information about—\nBrisbane; or\nthe council.\nThe council must comply with the notice.\n(sec.251-ssec.1) The Minister may, by written notice, require the council to give the Minister information about— Brisbane; or the council.\n(sec.251-ssec.2) The council must comply with the notice.\n- (a) Brisbane; or\n- (b) the council.","sortOrder":383},{"sectionNumber":"sec.252","sectionType":"section","heading":"Regulation-making power","content":"### sec.252 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nFor example, a regulation may be made about—\nthe processes of the council in deciding the remuneration that is payable to councillors (including the remuneration schedule, for example); or\nappeals against decisions made under this Act; or\na register of interests of the following—\ncouncillors;\nother persons who are given responsibilities to perform under this Act;\npersons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\nthe recording of conflicts of interest arising from the performance of a responsibility under this Act; or\nthe regulation and management of council assets and infrastructure; or\nmatters relating to a statutory committee of the council; or\na process for the scrutiny of the council’s budget; or\nmeetings of the council, its committees or other meetings of councillors (including informal meetings at which councillors discuss council matters); or\nempowering the council to make and adopt a policy about meetings mentioned in paragraph (h) , other than meetings of the council or its committees; or\nthe financial planning and accountability of the council, including the systems of financial management; or\nmatters relating to discretionary funds.\ns 252 amd 2012 No. 33 s 70 ; 2019 No. 30 s 11A ; 2026 No. 5 s 141 s ch 1 pt 1\n(sec.252-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.252-ssec.2) For example, a regulation may be made about— the processes of the council in deciding the remuneration that is payable to councillors (including the remuneration schedule, for example); or appeals against decisions made under this Act; or a register of interests of the following— councillors; other persons who are given responsibilities to perform under this Act; persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or the recording of conflicts of interest arising from the performance of a responsibility under this Act; or the regulation and management of council assets and infrastructure; or matters relating to a statutory committee of the council; or a process for the scrutiny of the council’s budget; or meetings of the council, its committees or other meetings of councillors (including informal meetings at which councillors discuss council matters); or empowering the council to make and adopt a policy about meetings mentioned in paragraph (h) , other than meetings of the council or its committees; or the financial planning and accountability of the council, including the systems of financial management; or matters relating to discretionary funds.\n- (a) the processes of the council in deciding the remuneration that is payable to councillors (including the remuneration schedule, for example); or\n- (b) appeals against decisions made under this Act; or\n- (c) a register of interests of the following— (i) councillors; (ii) other persons who are given responsibilities to perform under this Act; (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\n- (i) councillors;\n- (ii) other persons who are given responsibilities to perform under this Act;\n- (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\n- (d) the recording of conflicts of interest arising from the performance of a responsibility under this Act; or\n- (e) the regulation and management of council assets and infrastructure; or\n- (f) matters relating to a statutory committee of the council; or\n- (g) a process for the scrutiny of the council’s budget; or\n- (h) meetings of the council, its committees or other meetings of councillors (including informal meetings at which councillors discuss council matters); or\n- (i) empowering the council to make and adopt a policy about meetings mentioned in paragraph (h) , other than meetings of the council or its committees; or\n- (j) the financial planning and accountability of the council, including the systems of financial management; or\n- (k) matters relating to discretionary funds.\n- (i) councillors;\n- (ii) other persons who are given responsibilities to perform under this Act;\n- (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or","sortOrder":384},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":385},{"sectionNumber":"sec.253","sectionType":"section","heading":"Repeal","content":"### sec.253 Repeal\n\nThe following Acts are repealed—\nAustralian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962\nBrisbane City Council Business and Procedure Act 1939 , 3 Geo 6 No. 30\nCity of Brisbane Act 1924 , 15 Geo 5 No. 32\nLocal Government (Chinatown and The Valley Malls) Act 1984 , No. 104\nLocal Government (Queen Street Mall) Act 1981 , No. 104.\n- • Australian Estates Company Limited, Hastings Street, New Farm, Viaduct Authorization Act 1962\n- • Brisbane City Council Business and Procedure Act 1939 , 3 Geo 6 No. 30\n- • City of Brisbane Act 1924 , 15 Geo 5 No. 32\n- • Local Government (Chinatown and The Valley Malls) Act 1984 , No. 104\n- • Local Government (Queen Street Mall) Act 1981 , No. 104.","sortOrder":386},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Transitional and savings provisions for Act No. 23 of 2010","content":"# Transitional and savings provisions for Act No. 23 of 2010","sortOrder":387},{"sectionNumber":"sec.254","sectionType":"section","heading":"What this part is about","content":"### sec.254 What this part is about\n\nThis part is about the transition from the following to this Act (including the transition of rights, liabilities and interests, for example)—\nthe repealed City of Brisbane Act;\nthe repealed Business and Procedure Act;\nthe repealed Local Government Act 1993 ;\na repealed mall Act.\n- (a) the repealed City of Brisbane Act;\n- (b) the repealed Business and Procedure Act;\n- (c) the repealed Local Government Act 1993 ;\n- (d) a repealed mall Act.","sortOrder":388},{"sectionNumber":"sec.255","sectionType":"section","heading":"Brisbane City Council continued","content":"### sec.255 Brisbane City Council continued\n\nThe Brisbane City Council under the repealed City of Brisbane Act continues in existence as the council under this Act.","sortOrder":389},{"sectionNumber":"sec.256","sectionType":"section","heading":"Local laws","content":"### sec.256 Local laws\n\nA local law that was—\nmade by the council under the repealed City of Brisbane Act, the repealed Local Government Act 1993 or a repealed mall Act; and\nwas in force immediately before the commencement of this section;\ncontinues in force as a local law made under this Act.\nA local law includes—\nan interim local law, model local law, and subordinate local law; and\na by-law or ordinance.\nSubsection (4) applies if, before the commencement, the council started, but did not complete, the relevant process for adopting a model local law or making another local law.\nUnder the repealed Local Government Act 1993 the council started the process for adopting a model local law by passing a resolution to propose to adopt the model local law and the council started a process for making a local law (other than a model local law) by passing a resolution to propose to make the local law.\nThe council may proceed further in adopting or making the local law in accordance with the relevant process as if the repealed Local Government Act 1993 had not been repealed.\nThe relevant process is the process under the repealed Local Government Act 1993 , chapter 12 , part 2 that applied to adopting a model local law or making another local law.\nA local law adopted or made under subsection (4) is taken to be a local law validly made under this Act.\n(sec.256-ssec.1) A local law that was— made by the council under the repealed City of Brisbane Act, the repealed Local Government Act 1993 or a repealed mall Act; and was in force immediately before the commencement of this section; continues in force as a local law made under this Act.\n(sec.256-ssec.2) A local law includes— an interim local law, model local law, and subordinate local law; and a by-law or ordinance.\n(sec.256-ssec.3) Subsection (4) applies if, before the commencement, the council started, but did not complete, the relevant process for adopting a model local law or making another local law. Under the repealed Local Government Act 1993 the council started the process for adopting a model local law by passing a resolution to propose to adopt the model local law and the council started a process for making a local law (other than a model local law) by passing a resolution to propose to make the local law.\n(sec.256-ssec.4) The council may proceed further in adopting or making the local law in accordance with the relevant process as if the repealed Local Government Act 1993 had not been repealed.\n(sec.256-ssec.5) The relevant process is the process under the repealed Local Government Act 1993 , chapter 12 , part 2 that applied to adopting a model local law or making another local law.\n(sec.256-ssec.6) A local law adopted or made under subsection (4) is taken to be a local law validly made under this Act.\n- (a) made by the council under the repealed City of Brisbane Act, the repealed Local Government Act 1993 or a repealed mall Act; and\n- (b) was in force immediately before the commencement of this section;\n- (a) an interim local law, model local law, and subordinate local law; and\n- (b) a by-law or ordinance.","sortOrder":390},{"sectionNumber":"sec.257","sectionType":"section","heading":"Decisions under repealed Acts","content":"### sec.257 Decisions under repealed Acts\n\nA decision under the following repealed Acts, that was in force immediately before the commencement of this section, continues in force as if the decision were made under this Act, made at the same time as it was made under the repealed Act—\nthe repealed City of Brisbane Act;\nthe repealed Business and Procedure Act;\nthe repealed Local Government Act 1993 ;\na repealed mall Act.\nA decision includes an agreement, appointment, approval, authorisation, certificate, charge, consent, declaration, delegation, determination, direction, dismissal, exemption, immunity, instruction, licence, memorandum of understanding, order, permit, plan, policy, protocol, rates, release, resolution, restriction, settlement, suspension and warrant.\n(sec.257-ssec.1) A decision under the following repealed Acts, that was in force immediately before the commencement of this section, continues in force as if the decision were made under this Act, made at the same time as it was made under the repealed Act— the repealed City of Brisbane Act; the repealed Business and Procedure Act; the repealed Local Government Act 1993 ; a repealed mall Act.\n(sec.257-ssec.2) A decision includes an agreement, appointment, approval, authorisation, certificate, charge, consent, declaration, delegation, determination, direction, dismissal, exemption, immunity, instruction, licence, memorandum of understanding, order, permit, plan, policy, protocol, rates, release, resolution, restriction, settlement, suspension and warrant.\n- (a) the repealed City of Brisbane Act;\n- (b) the repealed Business and Procedure Act;\n- (c) the repealed Local Government Act 1993 ;\n- (d) a repealed mall Act.","sortOrder":391},{"sectionNumber":"sec.258","sectionType":"section","heading":"Established malls","content":"### sec.258 Established malls\n\nA mall established under a repealed mall Act continues as a mall under this Act.\nThe council may do anything in relation to a mall mentioned in subsection (1) that the council may do under this Act (including closing the mall, for example).\nOn 1 July 2010, an advisory committee, established under a repealed mall Act, is dissolved and the members of the advisory committee go out of office.\nNo compensation is payable to a member because of subsection (3).\n(sec.258-ssec.1) A mall established under a repealed mall Act continues as a mall under this Act.\n(sec.258-ssec.2) The council may do anything in relation to a mall mentioned in subsection (1) that the council may do under this Act (including closing the mall, for example).\n(sec.258-ssec.3) On 1 July 2010, an advisory committee, established under a repealed mall Act, is dissolved and the members of the advisory committee go out of office.\n(sec.258-ssec.4) No compensation is payable to a member because of subsection (3).","sortOrder":392},{"sectionNumber":"sec.259","sectionType":"section","heading":"Proceedings and evidence","content":"### sec.259 Proceedings and evidence\n\nIf, immediately before the commencement of this section, proceedings for an appeal, a complaint or an offence could legally have been started under the repealed City of Brisbane Act or a repealed mall Act the proceedings may be started under this Act.\nProceedings for an appeal, a complaint or an offence under any of the Acts may be continued under that Act, as if this Act had not commenced.\nAny document that was given evidentiary effect under any of the Acts continues to have the evidentiary effect as if that Act had not been repealed.\n(sec.259-ssec.1) If, immediately before the commencement of this section, proceedings for an appeal, a complaint or an offence could legally have been started under the repealed City of Brisbane Act or a repealed mall Act the proceedings may be started under this Act.\n(sec.259-ssec.2) Proceedings for an appeal, a complaint or an offence under any of the Acts may be continued under that Act, as if this Act had not commenced.\n(sec.259-ssec.3) Any document that was given evidentiary effect under any of the Acts continues to have the evidentiary effect as if that Act had not been repealed.","sortOrder":393},{"sectionNumber":"sec.260","sectionType":"section","heading":"Super trust deed","content":"### sec.260 Super trust deed\n\nA trust deed for a superannuation scheme established by the Brisbane City Council under the repealed City of Brisbane Act, that was in force immediately before the commencement of this section, continues in force as a trust deed under this Act.","sortOrder":394},{"sectionNumber":"sec.261","sectionType":"section","heading":"Registers","content":"### sec.261 Registers\n\nA register maintained under the repealed City of Brisbane Act continues as if it were made under this Act.","sortOrder":395},{"sectionNumber":"sec.262","sectionType":"section","heading":"References to repealed Acts","content":"### sec.262 References to repealed Acts\n\nA reference in an Act or document to any of the following may, if the context permits, be taken to be a reference to this Act—\nthe repealed City of Brisbane Act;\nthe repealed Business and Procedure Act;\na repealed mall Act.\n- (a) the repealed City of Brisbane Act;\n- (b) the repealed Business and Procedure Act;\n- (c) a repealed mall Act.","sortOrder":396},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 om 2011 No. 27 s 255","sortOrder":397},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 exp 1 July 2011 (see s 264(4))","sortOrder":398},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 ins 2010 No. 44 s 162\nom 2013 No. 39 s 109 sch 2","sortOrder":399},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Transitional provision for Revenue and Other Legislation Amendment Act 2011","content":"# Transitional provision for Revenue and Other Legislation Amendment Act 2011","sortOrder":400},{"sectionNumber":"sec.266","sectionType":"section","heading":"Continued superannuation scheme for council employees","content":"### sec.266 Continued superannuation scheme for council employees\n\nThis section applies to the superannuation scheme for council employees continued in existence under section 211 of this Act as in force before the commencement of this section.\nOn the commencement of this section—\nthe superannuation scheme ceases to continue in existence under this Act; and\nthe trust deed for the superannuation scheme ceases to continue in force as a trust deed under this Act.\nIf an audit of the superannuation scheme is required under the Commonwealth Super Act because of subsection (2), the audit must be carried out by the auditor-general.\ns 266 ins 2011 No. 8 s 13\n(sec.266-ssec.1) This section applies to the superannuation scheme for council employees continued in existence under section 211 of this Act as in force before the commencement of this section.\n(sec.266-ssec.2) On the commencement of this section— the superannuation scheme ceases to continue in existence under this Act; and the trust deed for the superannuation scheme ceases to continue in force as a trust deed under this Act.\n(sec.266-ssec.3) If an audit of the superannuation scheme is required under the Commonwealth Super Act because of subsection (2), the audit must be carried out by the auditor-general.\n- (a) the superannuation scheme ceases to continue in existence under this Act; and\n- (b) the trust deed for the superannuation scheme ceases to continue in force as a trust deed under this Act.","sortOrder":401},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Transitional provisions for Local Government and Other Legislation Amendment Act 2012","content":"# Transitional provisions for Local Government and Other Legislation Amendment Act 2012","sortOrder":402},{"sectionNumber":"sec.267","sectionType":"section","heading":"Change in dealing with complaints","content":"### sec.267 Change in dealing with complaints\n\nThis section applies if—\nthe council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and\nan entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\nThe former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\nThe former process is chapter 6, part 2, division 6 as in force immediately before the commencement.\nTo remove any doubt, it is declared that—\nan entity dealing with the complaint must deal with the complaint under the former process; and\nany disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.\ns 267 ins 2012 No. 33 s 71\n(sec.267-ssec.1) This section applies if— the council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\n(sec.267-ssec.2) The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\n(sec.267-ssec.3) The former process is chapter 6, part 2, division 6 as in force immediately before the commencement.\n(sec.267-ssec.4) To remove any doubt, it is declared that— an entity dealing with the complaint must deal with the complaint under the former process; and any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.\n- (a) the council, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and\n- (b) an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\n- (a) an entity dealing with the complaint must deal with the complaint under the former process; and\n- (b) any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.","sortOrder":403},{"sectionNumber":"sec.268","sectionType":"section","heading":"Change in process for making local laws","content":"### sec.268 Change in process for making local laws\n\nThis section applies if the council has begun, but not completed, its process for making a local law before the commencement.\nThe council may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\nChapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).\ns 268 ins 2012 No. 33 s 71\n(sec.268-ssec.1) This section applies if the council has begun, but not completed, its process for making a local law before the commencement.\n(sec.268-ssec.2) The council may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\n(sec.268-ssec.3) Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).","sortOrder":404},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","content":"# Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","sortOrder":405},{"sectionNumber":"sec.269","sectionType":"section","heading":"Validation of rates charged","content":"### sec.269 Validation of rates charged\n\nIt is declared that the council always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 96(1A).\ns 269 ins 2014 No. 36 s 55D","sortOrder":406},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":407},{"sectionNumber":"sec.270","sectionType":"section","heading":"Definitions for part","content":"### sec.270 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 270 ins 2016 No. 27 s 131","sortOrder":408},{"sectionNumber":"sec.271","sectionType":"section","heading":"Existing development application—resumption of particular land","content":"### sec.271 Existing development application—resumption of particular land\n\nThis section applies to an existing development application mentioned in former section 90(1)(a).\nFormer section 90 continues to apply in relation to the application as if the amending Act had not been enacted.\nIn this section—\nexisting development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.\ns 271 ins 2016 No. 27 s 131\n(sec.271-ssec.1) This section applies to an existing development application mentioned in former section 90(1)(a).\n(sec.271-ssec.2) Former section 90 continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.271-ssec.3) In this section— existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.","sortOrder":409},{"sectionNumber":"sec.272","sectionType":"section","heading":"Entry under existing application, permit or notice","content":"### sec.272 Entry under existing application, permit or notice\n\nThis section applies to an application, permit or notice—\nmentioned in former section 121; and\nmade or given under the repealed Planning Act.\nFormer section 121 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 272 ins 2016 No. 27 s 131\n(sec.272-ssec.1) This section applies to an application, permit or notice— mentioned in former section 121; and made or given under the repealed Planning Act.\n(sec.272-ssec.2) Former section 121 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) mentioned in former section 121; and\n- (b) made or given under the repealed Planning Act.","sortOrder":410},{"sectionNumber":"sec.273","sectionType":"section","heading":"Existing remedial notice","content":"### sec.273 Existing remedial notice\n\nThis section applies to a remedial notice—\ngiven under former section 127A; and\nrequiring the owner or occupier of a property to take action under the repealed Planning Act.\nThe remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 273 ins 2016 No. 27 s 131\n(sec.273-ssec.1) This section applies to a remedial notice— given under former section 127A; and requiring the owner or occupier of a property to take action under the repealed Planning Act.\n(sec.273-ssec.2) The remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) given under former section 127A; and\n- (b) requiring the owner or occupier of a property to take action under the repealed Planning Act.","sortOrder":411},{"sectionNumber":"sec.274","sectionType":"section","heading":"Existing inside information","content":"### sec.274 Existing inside information\n\nThis section applies to information about any of the following ( existing inside information ) that, immediately before the commencement, was inside information, in relation to the council, for former section 173A—\nthe exercise of a power under the repealed Planning Act by the council, a councillor or a council employee;\na decision, or proposed decision, under the repealed Planning Act of the council or any of its committees;\nthe exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;\nany legal or financial advice about the repealed Planning Act created for the council, any of its committees or any of its corporate entities.\nFormer section 173A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 274 ins 2016 No. 27 s 131\n(sec.274-ssec.1) This section applies to information about any of the following ( existing inside information ) that, immediately before the commencement, was inside information, in relation to the council, for former section 173A— the exercise of a power under the repealed Planning Act by the council, a councillor or a council employee; a decision, or proposed decision, under the repealed Planning Act of the council or any of its committees; the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane; any legal or financial advice about the repealed Planning Act created for the council, any of its committees or any of its corporate entities.\n(sec.274-ssec.2) Former section 173A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) the exercise of a power under the repealed Planning Act by the council, a councillor or a council employee;\n- (b) a decision, or proposed decision, under the repealed Planning Act of the council or any of its committees;\n- (c) the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the council, any of its corporate entities or land or infrastructure within Brisbane;\n- (d) any legal or financial advice about the repealed Planning Act created for the council, any of its committees or any of its corporate entities.","sortOrder":412},{"sectionNumber":"sec.275","sectionType":"section","heading":"Existing unpaid fine—where fine to be paid to","content":"### sec.275 Existing unpaid fine—where fine to be paid to\n\nThis section applies to a fine mentioned in former section 228 that—\nis unpaid; and\nwas imposed in proceedings brought by the council for an offence against the repealed Planning Act.\nFormer section 228 continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 275 ins 2016 No. 27 s 131\n(sec.275-ssec.1) This section applies to a fine mentioned in former section 228 that— is unpaid; and was imposed in proceedings brought by the council for an offence against the repealed Planning Act.\n(sec.275-ssec.2) Former section 228 continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) is unpaid; and\n- (b) was imposed in proceedings brought by the council for an offence against the repealed Planning Act.","sortOrder":413},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":"Validation provision for particular rates and charges","content":"# Validation provision for particular rates and charges","sortOrder":414},{"sectionNumber":"sec.276","sectionType":"section","heading":"Validation of rates and charges","content":"### sec.276 Validation of rates and charges\n\nThis section applies to a rate or charge—\nlevied or to be levied by the council under this Act, or levied by the council under the repealed City of Brisbane Act 1924 , for a financial year up to and including the financial year ending 30 June 2018; and\nthat was not decided to be levied by resolution of the council at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\nIt is declared that the rate or charge is taken to be, and to always have been, as validly levied by the council as it would have been if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\nIt is also declared that anything done, or to be done, in relation to the rate or charge is as valid as it would have been or would be if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\nthe bringing by the council of proceedings against a person\nthe sale of land, or the taking of steps preparatory to the sale of land, by the council\nthe acquisition of land, or the taking of steps preparatory to the acquisition of land, by the council\nthe charging of interest on the rate or charge\ns 276 ins 2018 No. 4 s 3\n(sec.276-ssec.1) This section applies to a rate or charge— levied or to be levied by the council under this Act, or levied by the council under the repealed City of Brisbane Act 1924 , for a financial year up to and including the financial year ending 30 June 2018; and that was not decided to be levied by resolution of the council at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\n(sec.276-ssec.2) It is declared that the rate or charge is taken to be, and to always have been, as validly levied by the council as it would have been if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\n(sec.276-ssec.3) It is also declared that anything done, or to be done, in relation to the rate or charge is as valid as it would have been or would be if the council had decided to levy the rate or charge by resolution at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 . the bringing by the council of proceedings against a person the sale of land, or the taking of steps preparatory to the sale of land, by the council the acquisition of land, or the taking of steps preparatory to the acquisition of land, by the council the charging of interest on the rate or charge\n- (a) levied or to be levied by the council under this Act, or levied by the council under the repealed City of Brisbane Act 1924 , for a financial year up to and including the financial year ending 30 June 2018; and\n- (b) that was not decided to be levied by resolution of the council at the council’s budget meeting for the financial year under this Act or the repealed City of Brisbane Act 1924 .\n- • the bringing by the council of proceedings against a person\n- • the sale of land, or the taking of steps preparatory to the sale of land, by the council\n- • the acquisition of land, or the taking of steps preparatory to the acquisition of land, by the council\n- • the charging of interest on the rate or charge","sortOrder":415},{"sectionNumber":"ch.8-pt.9","sectionType":"part","heading":"Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018","sortOrder":416},{"sectionNumber":"sec.277","sectionType":"section","heading":"Disqualifying offence committed before commencement","content":"### sec.277 Disqualifying offence committed before commencement\n\nChapter 6, part 2, as in force after the commencement, applies in relation to a disqualifying offence, whether the act or omission constituting the offence was committed before or after the commencement.\ns 277 ins 2018 No. 9 s 7B","sortOrder":417},{"sectionNumber":"sec.278","sectionType":"section","heading":"Existing charge for disqualifying offence","content":"### sec.278 Existing charge for disqualifying offence\n\nThis section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.\nThe councillor is automatically suspended as a councillor on the commencement.\nChapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.\nImmediately after the commencement, the councillor must give a written notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (4), the notice must state—\nthe provision of the law against which the councillor was charged; and\nthe day the councillor was charged.\nThe information contained in the notice is taken to be criminal history information for section 186H.\ns 278 ins 2018 No. 9 s 7B\n(sec.278-ssec.1) This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.\n(sec.278-ssec.2) The councillor is automatically suspended as a councillor on the commencement.\n(sec.278-ssec.3) Chapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.\n(sec.278-ssec.4) Immediately after the commencement, the councillor must give a written notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.278-ssec.5) For subsection (4), the notice must state— the provision of the law against which the councillor was charged; and the day the councillor was charged.\n(sec.278-ssec.6) The information contained in the notice is taken to be criminal history information for section 186H.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) the provision of the law against which the councillor was charged; and\n- (b) the day the councillor was charged.","sortOrder":418},{"sectionNumber":"sec.279","sectionType":"section","heading":"Existing conviction for new disqualifying offence","content":"### sec.279 Existing conviction for new disqualifying offence\n\nThis section applies if—\nbefore the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\non the commencement, the disqualifying period for the offence would not have ended.\nThe councillor automatically stops being a councillor on the commencement.\nImmediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (3), the notice must state—\nthe provision of the law against which the councillor was convicted; and\nthe day the councillor was convicted.\nSection 153(7) applies in relation to the offence.\nThe information contained in the notice is taken to be criminal history information for section 186H.\nIn this section—\nconviction includes a spent conviction.\ndisqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\nnew disqualifying offence means an offence that, under section 153—\nis a disqualifying offence after the commencement; but\nwas not a disqualifying offence before the commencement.\ns 279 ins 2018 No. 9 s 7B\n(sec.279-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended.\n(sec.279-ssec.2) The councillor automatically stops being a councillor on the commencement.\n(sec.279-ssec.3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.279-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted.\n(sec.279-ssec.5) Section 153(7) applies in relation to the offence.\n(sec.279-ssec.6) The information contained in the notice is taken to be criminal history information for section 186H.\n(sec.279-ssec.7) In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor. new disqualifying offence means an offence that, under section 153— is a disqualifying offence after the commencement; but was not a disqualifying offence before the commencement.\n- (a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\n- (b) on the commencement, the disqualifying period for the offence would not have ended.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) the provision of the law against which the councillor was convicted; and\n- (b) the day the councillor was convicted.\n- (a) is a disqualifying offence after the commencement; but\n- (b) was not a disqualifying offence before the commencement.","sortOrder":419},{"sectionNumber":"ch.8-pt.10","sectionType":"part","heading":"Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019","sortOrder":420},{"sectionNumber":"ch.8-pt.10-div.1","sectionType":"division","heading":"Transitional provisions for new disqualifying offences","content":"## Transitional provisions for new disqualifying offences","sortOrder":421},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definitions for division","content":"### sec.280 Definitions for division\n\nIn this division—\namending provision means a provision of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , other than section 42, that amends section 153 or schedule 1.\nnew disqualifying offence means an offence that—\nis a disqualifying offence after the commencement of an amending provision; but\nwas not a disqualifying offence before the amending provision commenced.\ns 280 ins 2019 No. 30 s 12\n- (a) is a disqualifying offence after the commencement of an amending provision; but\n- (b) was not a disqualifying offence before the amending provision commenced.","sortOrder":422},{"sectionNumber":"sec.281","sectionType":"section","heading":"New disqualifying offence committed before commencement","content":"### sec.281 New disqualifying offence committed before commencement\n\nChapter 6, part 2 applies in relation to a new disqualifying offence, even if the act or omission constituting the offence was committed before the commencement.\ns 281 ins 2019 No. 30 s 12","sortOrder":423},{"sectionNumber":"sec.282","sectionType":"section","heading":"Existing charge for new disqualifying offence","content":"### sec.282 Existing charge for new disqualifying offence\n\nThis section applies if a proceeding for a new disqualifying offence against a councillor had started before the commencement but has not ended.\nThe councillor is automatically suspended as a councillor on the commencement.\nChapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.\nImmediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer;\nMaximum penalty—100 penalty units.\nFor subsection (4), the notice must state—\nthe provision of the law to which the proceeding for the new disqualifying offence relates; and\nthe day the councillor was charged with the offence.\nThe notice is taken to be a notice mentioned in section 186G(1)(a).\nThe information contained in the notice is taken to be criminal history information for section 186H.\ns 282 ins 2019 No. 30 s 12\n(sec.282-ssec.1) This section applies if a proceeding for a new disqualifying offence against a councillor had started before the commencement but has not ended.\n(sec.282-ssec.2) The councillor is automatically suspended as a councillor on the commencement.\n(sec.282-ssec.3) Chapter 6, part 2, division 8 applies in relation to the councillor as if the councillor was suspended under section 186B.\n(sec.282-ssec.4) Immediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer; Maximum penalty—100 penalty units.\n(sec.282-ssec.5) For subsection (4), the notice must state— the provision of the law to which the proceeding for the new disqualifying offence relates; and the day the councillor was charged with the offence.\n(sec.282-ssec.6) The notice is taken to be a notice mentioned in section 186G(1)(a).\n(sec.282-ssec.7) The information contained in the notice is taken to be criminal history information for section 186H.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer;\n- (a) the provision of the law to which the proceeding for the new disqualifying offence relates; and\n- (b) the day the councillor was charged with the offence.","sortOrder":424},{"sectionNumber":"sec.283","sectionType":"section","heading":"Existing conviction for new disqualifying offence","content":"### sec.283 Existing conviction for new disqualifying offence\n\nThis section applies if—\nbefore the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\non the commencement, the disqualifying period for the offence would not have ended.\nThe councillor automatically stops being a councillor on the commencement.\nImmediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (3), the notice must state—\nthe provision of the law against which the councillor was convicted; and\nthe day the councillor was convicted.\nSection 153(7) applies in relation to the offence.\nThe notice is taken to be a notice mentioned in section 186G(1)(a).\nThe information contained in the notice is taken to be criminal history information for section 186H.\nIn this section—\nconviction includes a spent conviction.\ndisqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\ns 283 ins 2019 No. 30 s 12\n(sec.283-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended.\n(sec.283-ssec.2) The councillor automatically stops being a councillor on the commencement.\n(sec.283-ssec.3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.283-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted.\n(sec.283-ssec.5) Section 153(7) applies in relation to the offence.\n(sec.283-ssec.6) The notice is taken to be a notice mentioned in section 186G(1)(a).\n(sec.283-ssec.7) The information contained in the notice is taken to be criminal history information for section 186H.\n(sec.283-ssec.8) In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\n- (a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\n- (b) on the commencement, the disqualifying period for the offence would not have ended.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) the provision of the law against which the councillor was convicted; and\n- (b) the day the councillor was convicted.","sortOrder":425},{"sectionNumber":"ch.8-pt.10-div.2","sectionType":"division","heading":"Transitional provisions for councillor conduct","content":"## Transitional provisions for councillor conduct","sortOrder":426},{"sectionNumber":"sec.286","sectionType":"section","heading":"Definitions for division","content":"### sec.286 Definitions for division\n\nIn this division—\nassessed , in relation to a complaint about the conduct or performance of a councillor, means a preliminary assessment of the complaint was conducted under former section 179.\nassessor see the Local Government Act, section 150C.\nexisting complaint means a complaint about the conduct or performance of a councillor made to any of the following entities before the commencement—\nthe council;\nthe department’s chief executive;\nthe chief executive officer.\nformer , for a provision of this Act, means as in force immediately before the commencement of the section in which the provision is mentioned.\nlocal government official see the Local Government Act, section 150R(4).\ns 286 ins 2019 No. 30 s 41\n- (a) the council;\n- (b) the department’s chief executive;\n- (c) the chief executive officer.","sortOrder":427},{"sectionNumber":"sec.287","sectionType":"section","heading":"Existing complaints not assessed","content":"### sec.287 Existing complaints not assessed\n\nThis section applies if, immediately before the commencement, an existing complaint about a councillor’s conduct had not been assessed.\nThe assessor must deal with the existing complaint under the Local Government Act, chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A of that Act.\nAn entity holding information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\nThis section is subject to section 290.\ns 287 ins 2019 No. 30 s 41\n(sec.287-ssec.1) This section applies if, immediately before the commencement, an existing complaint about a councillor’s conduct had not been assessed.\n(sec.287-ssec.2) The assessor must deal with the existing complaint under the Local Government Act, chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A of that Act.\n(sec.287-ssec.3) An entity holding information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\n(sec.287-ssec.4) This section is subject to section 290.","sortOrder":428},{"sectionNumber":"sec.288","sectionType":"section","heading":"Existing inappropriate conduct and misconduct complaints","content":"### sec.288 Existing inappropriate conduct and misconduct complaints\n\nThis section applies if, immediately before the commencement—\nan existing complaint about a councillor was assessed to be about inappropriate conduct or misconduct; and\na final decision dealing with the complaint had not been made.\nThe assessor must deal with the existing complaint under the Local Government Act, chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A of that Act.\nAn entity holding relevant information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\nThis section is subject to section 290.\ns 288 ins 2019 No. 30 s 41\n(sec.288-ssec.1) This section applies if, immediately before the commencement— an existing complaint about a councillor was assessed to be about inappropriate conduct or misconduct; and a final decision dealing with the complaint had not been made.\n(sec.288-ssec.2) The assessor must deal with the existing complaint under the Local Government Act, chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A of that Act.\n(sec.288-ssec.3) An entity holding relevant information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\n(sec.288-ssec.4) This section is subject to section 290.\n- (a) an existing complaint about a councillor was assessed to be about inappropriate conduct or misconduct; and\n- (b) a final decision dealing with the complaint had not been made.","sortOrder":429},{"sectionNumber":"sec.289","sectionType":"section","heading":"Existing orders taken into account","content":"### sec.289 Existing orders taken into account\n\nThis section applies if, before the commencement—\nan order was made against a councillor under section 183 as in force from time to time before the commencement; and\nthe order is substantially the same as an order that may be made under the Local Government Act, chapter 5A.\nThe order may be taken into account for the following purposes—\nthe council or a local government official deciding whether—\nto notify the assessor about a councillor’s conduct under the Local Government Act, chapter 5A, part 3, division 3; or\nto give information about a councillor’s conduct to the assessor under the Local Government Act, section 150AF;\nthe assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under the Local Government Act, section 150W;\nthe council or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor under the Local Government Act.\ns 289 ins 2019 No. 30 s 41\n(sec.289-ssec.1) This section applies if, before the commencement— an order was made against a councillor under section 183 as in force from time to time before the commencement; and the order is substantially the same as an order that may be made under the Local Government Act, chapter 5A.\n(sec.289-ssec.2) The order may be taken into account for the following purposes— the council or a local government official deciding whether— to notify the assessor about a councillor’s conduct under the Local Government Act, chapter 5A, part 3, division 3; or to give information about a councillor’s conduct to the assessor under the Local Government Act, section 150AF; the assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under the Local Government Act, section 150W; the council or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor under the Local Government Act.\n- (a) an order was made against a councillor under section 183 as in force from time to time before the commencement; and\n- (b) the order is substantially the same as an order that may be made under the Local Government Act, chapter 5A.\n- (a) the council or a local government official deciding whether— (i) to notify the assessor about a councillor’s conduct under the Local Government Act, chapter 5A, part 3, division 3; or (ii) to give information about a councillor’s conduct to the assessor under the Local Government Act, section 150AF;\n- (i) to notify the assessor about a councillor’s conduct under the Local Government Act, chapter 5A, part 3, division 3; or\n- (ii) to give information about a councillor’s conduct to the assessor under the Local Government Act, section 150AF;\n- (b) the assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under the Local Government Act, section 150W;\n- (c) the council or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor under the Local Government Act.\n- (i) to notify the assessor about a councillor’s conduct under the Local Government Act, chapter 5A, part 3, division 3; or\n- (ii) to give information about a councillor’s conduct to the assessor under the Local Government Act, section 150AF;","sortOrder":430},{"sectionNumber":"sec.290","sectionType":"section","heading":"Dealing with particular pre-commencement complaints or conduct","content":"### sec.290 Dealing with particular pre-commencement complaints or conduct\n\nThis section applies in relation to conduct engaged in by a councillor before the commencement, including conduct that is the subject of an existing complaint mentioned in section 287(1) or 288(1).\nIn deciding how to deal with the conduct, the assessor, a local government official, the council and the conduct tribunal must—\napply the former conduct definitions to the conduct; and\nonly make an order that is substantially the same as an order that could have been made under former section 183.\nTo remove any doubt, it is declared that the Local Government Act, chapter 5A otherwise applies in relation to an order mentioned in subsection (2).\nIn this section—\nformer conduct definitions means—\nthe definition of misconduct under former section 178(3); and\nthe definition of inappropriate conduct under former section 178(4); and\nthe qualification of those definitions under former section 180A(5) and (6); and\nthe extension of the definition of misconduct under former section 183(5) and (6).\ns 290 ins 2019 No. 30 s 41\n(sec.290-ssec.1) This section applies in relation to conduct engaged in by a councillor before the commencement, including conduct that is the subject of an existing complaint mentioned in section 287(1) or 288(1).\n(sec.290-ssec.2) In deciding how to deal with the conduct, the assessor, a local government official, the council and the conduct tribunal must— apply the former conduct definitions to the conduct; and only make an order that is substantially the same as an order that could have been made under former section 183.\n(sec.290-ssec.3) To remove any doubt, it is declared that the Local Government Act, chapter 5A otherwise applies in relation to an order mentioned in subsection (2).\n(sec.290-ssec.4) In this section— former conduct definitions means— the definition of misconduct under former section 178(3); and the definition of inappropriate conduct under former section 178(4); and the qualification of those definitions under former section 180A(5) and (6); and the extension of the definition of misconduct under former section 183(5) and (6).\n- (a) apply the former conduct definitions to the conduct; and\n- (b) only make an order that is substantially the same as an order that could have been made under former section 183.\n- (a) the definition of misconduct under former section 178(3); and\n- (b) the definition of inappropriate conduct under former section 178(4); and\n- (c) the qualification of those definitions under former section 180A(5) and (6); and\n- (d) the extension of the definition of misconduct under former section 183(5) and (6).","sortOrder":431},{"sectionNumber":"sec.291","sectionType":"section","heading":"Model procedures apply until procedures adopted","content":"### sec.291 Model procedures apply until procedures adopted\n\nIf, immediately before the commencement, the council has not adopted the model procedures or other procedures under the Local Government Act, section 150G, on the commencement the council is taken to have adopted the model procedures.\nSubsection (1) applies until the council adopts the model procedures or other procedures under the Local Government Act, section 150G.\nIn this section—\nmodel procedures see the Local Government Act, section 150F.\ns 291 ins 2019 No. 30 s 41\n(sec.291-ssec.1) If, immediately before the commencement, the council has not adopted the model procedures or other procedures under the Local Government Act, section 150G, on the commencement the council is taken to have adopted the model procedures.\n(sec.291-ssec.2) Subsection (1) applies until the council adopts the model procedures or other procedures under the Local Government Act, section 150G.\n(sec.291-ssec.3) In this section— model procedures see the Local Government Act, section 150F.","sortOrder":432},{"sectionNumber":"sec.292","sectionType":"section","heading":"Process if no investigation policy","content":"### sec.292 Process if no investigation policy\n\nThis section applies if, on or after the commencement—\nthe council is required to deal with the inappropriate conduct of a councillor under the Local Government Act, chapter 5A, part 3, division 5; and\nthe council has not adopted an investigation policy under section 150AE of that Act.\nThe council must decide, by resolution, the procedure for investigating the conduct.\nHowever, subsections (4) and (5) apply if the assessor has recommended, under the Local Government Act, section 150AC(3), how the conduct may be dealt with.\nThe council must follow the process recommended by the assessor or decide, by resolution, to deal with the complaint in another way.\nThe council must state the reasons for its decision in the resolution.\ns 292 ins 2019 No. 30 s 41\n(sec.292-ssec.1) This section applies if, on or after the commencement— the council is required to deal with the inappropriate conduct of a councillor under the Local Government Act, chapter 5A, part 3, division 5; and the council has not adopted an investigation policy under section 150AE of that Act.\n(sec.292-ssec.2) The council must decide, by resolution, the procedure for investigating the conduct.\n(sec.292-ssec.3) However, subsections (4) and (5) apply if the assessor has recommended, under the Local Government Act, section 150AC(3), how the conduct may be dealt with.\n(sec.292-ssec.4) The council must follow the process recommended by the assessor or decide, by resolution, to deal with the complaint in another way.\n(sec.292-ssec.5) The council must state the reasons for its decision in the resolution.\n- (a) the council is required to deal with the inappropriate conduct of a councillor under the Local Government Act, chapter 5A, part 3, division 5; and\n- (b) the council has not adopted an investigation policy under section 150AE of that Act.","sortOrder":433},{"sectionNumber":"sec.293","sectionType":"section","heading":"Offences against s 215 charged before commencement","content":"### sec.293 Offences against s 215 charged before commencement\n\nThis section applies if—\na person was charged with an offence against section 215(1)(f) as in force before the commencement; and\non the commencement, the proceeding for the offence had not been finally decided.\nThe proceeding for the offence may be continued, and the person may be punished for the offence, as if the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 36 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 293 ins 2019 No. 30 s 41\n(sec.293-ssec.1) This section applies if— a person was charged with an offence against section 215(1)(f) as in force before the commencement; and on the commencement, the proceeding for the offence had not been finally decided.\n(sec.293-ssec.2) The proceeding for the offence may be continued, and the person may be punished for the offence, as if the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 36 had not commenced.\n(sec.293-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n- (a) a person was charged with an offence against section 215(1)(f) as in force before the commencement; and\n- (b) on the commencement, the proceeding for the offence had not been finally decided.","sortOrder":434},{"sectionNumber":"ch.8-pt.11","sectionType":"part","heading":"Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020","content":"# Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020","sortOrder":435},{"sectionNumber":"sec.294","sectionType":"section","heading":"Existing senior contract employees","content":"### sec.294 Existing senior contract employees\n\nSubsection (2) applies to a person who, immediately before the commencement, was a senior contract employee of the council if the person—\nreported directly to the chief executive officer; and\nheld a position that would ordinarily be considered to be a senior position in the council’s corporate structure.\nOn the commencement—\nthe person’s contract and conditions of employment continue; and\nthe person is taken to have been appointed by the council as a senior executive employee under section 192.\nSubsection (4) applies to a person who, immediately before the commencement, was a senior contract employee of the council other than a person mentioned in subsection (1).\nOn the commencement—\nthe person’s contract and conditions of employment continue; and\nthe person is taken to have been appointed by the chief executive officer as a council employee under section 193; and\nsection 193(4) does not apply in relation to the person’s employment.\ns 294 ins 2020 No. 20 s 91\n(sec.294-ssec.1) Subsection (2) applies to a person who, immediately before the commencement, was a senior contract employee of the council if the person— reported directly to the chief executive officer; and held a position that would ordinarily be considered to be a senior position in the council’s corporate structure.\n(sec.294-ssec.2) On the commencement— the person’s contract and conditions of employment continue; and the person is taken to have been appointed by the council as a senior executive employee under section 192.\n(sec.294-ssec.3) Subsection (4) applies to a person who, immediately before the commencement, was a senior contract employee of the council other than a person mentioned in subsection (1).\n(sec.294-ssec.4) On the commencement— the person’s contract and conditions of employment continue; and the person is taken to have been appointed by the chief executive officer as a council employee under section 193; and section 193(4) does not apply in relation to the person’s employment.\n- (a) reported directly to the chief executive officer; and\n- (b) held a position that would ordinarily be considered to be a senior position in the council’s corporate structure.\n- (a) the person’s contract and conditions of employment continue; and\n- (b) the person is taken to have been appointed by the council as a senior executive employee under section 192.\n- (a) the person’s contract and conditions of employment continue; and\n- (b) the person is taken to have been appointed by the chief executive officer as a council employee under section 193; and\n- (c) section 193(4) does not apply in relation to the person’s employment.","sortOrder":436},{"sectionNumber":"sec.295","sectionType":"section","heading":"Proceedings for repealed integrity offences","content":"### sec.295 Proceedings for repealed integrity offences\n\nThis section applies in relation to an offence against a repealed integrity offence provision committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , sections 80 and 81 had not commenced.\nFrom the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be—\nan integrity offence for section 153(5); and\na disqualifying offence for section 153(6).\nIn this section—\nrepealed integrity offence provision means the following provisions as in force from time to time before the commencement—\nsection 173A(2) and (3);\nsection 173B(2);\nsection 177C(2);\nsection 177E(2) and (5);\nsection 177H;\nsection 177I(2) and (3).\ns 295 ins 2020 No. 20 s 91\n(sec.295-ssec.1) This section applies in relation to an offence against a repealed integrity offence provision committed by a person before the commencement.\n(sec.295-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , sections 80 and 81 had not commenced.\n(sec.295-ssec.3) From the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be— an integrity offence for section 153(5); and a disqualifying offence for section 153(6).\n(sec.295-ssec.4) In this section— repealed integrity offence provision means the following provisions as in force from time to time before the commencement— section 173A(2) and (3); section 173B(2); section 177C(2); section 177E(2) and (5); section 177H; section 177I(2) and (3).\n- (a) an integrity offence for section 153(5); and\n- (b) a disqualifying offence for section 153(6).\n- (a) section 173A(2) and (3);\n- (b) section 173B(2);\n- (c) section 177C(2);\n- (d) section 177E(2) and (5);\n- (e) section 177H;\n- (f) section 177I(2) and (3).","sortOrder":437},{"sectionNumber":"sec.296","sectionType":"section","heading":"Continuation of Minister’s approval for councillor to participate or be present to decide matter","content":"### sec.296 Continuation of Minister’s approval for councillor to participate or be present to decide matter\n\nThis section applies to a notice given before the commencement by the Minister to a councillor under section 177F, if the notice is in force immediately before the commencement.\nThe notice is taken to be a notice given to the councillor under section 177S.\ns 296 ins 2020 No. 20 s 91\n(sec.296-ssec.1) This section applies to a notice given before the commencement by the Minister to a councillor under section 177F, if the notice is in force immediately before the commencement.\n(sec.296-ssec.2) The notice is taken to be a notice given to the councillor under section 177S.","sortOrder":438},{"sectionNumber":"sec.297","sectionType":"section","heading":"Remuneration commission’s recommendation not required for initial regulation","content":"### sec.297 Remuneration commission’s recommendation not required for initial regulation\n\nSection 194C(2) and (3) does not apply to the regulation first made after the commencement under section 194C(1)(a).\ns 297 ins 2020 No. 20 s 91","sortOrder":439},{"sectionNumber":"sec.298","sectionType":"section","heading":"Application of s 198A for councillors","content":"### sec.298 Application of s 198A for councillors\n\nThis section applies if, on the commencement, a councillor has an interest mentioned in section 198A(1).\nDespite section 198A(2), the councillor must comply with section 198A in relation to the interest within 30 days after the commencement.\ns 298 ins 2020 No. 20 s 91\n(sec.298-ssec.1) This section applies if, on the commencement, a councillor has an interest mentioned in section 198A(1).\n(sec.298-ssec.2) Despite section 198A(2), the councillor must comply with section 198A in relation to the interest within 30 days after the commencement.","sortOrder":440},{"sectionNumber":"ch.8-pt.12","sectionType":"part","heading":"Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023","content":"# Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023","sortOrder":441},{"sectionNumber":"sec.299","sectionType":"section","heading":"Application of s 174—elections held on or after introduction day and before 2024 quadrennial election","content":"### sec.299 Application of s 174—elections held on or after introduction day and before 2024 quadrennial election\n\nThis section applies in relation to an election under the Local Government Electoral Act 2011 held on or after the introduction day and before the 2024 quadrennial election.\nSection 174 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.\nIn this section—\n2024 quadrennial election means the quadrennial election to be held in 2024.\namending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 .\nintroduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.\ns 299 ins 2023 No. 8 s 5\n(sec.299-ssec.1) This section applies in relation to an election under the Local Government Electoral Act 2011 held on or after the introduction day and before the 2024 quadrennial election.\n(sec.299-ssec.2) Section 174 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.\n(sec.299-ssec.3) In this section— 2024 quadrennial election means the quadrennial election to be held in 2024. amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 . introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.","sortOrder":442},{"sectionNumber":"ch.8-pt.13","sectionType":"part","heading":"Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","content":"# Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","sortOrder":443},{"sectionNumber":"ch.8-pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":444},{"sectionNumber":"sec.300","sectionType":"section","heading":"Definitions for part","content":"### sec.300 Definitions for part\n\nIn this part—\namendment Act means the Local Government (Empowering Councils) and Other Legislation Amendment Act 2026 .\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement of the transitional provision in which the term is used.\ntransitional provision means a provision of this part.\ns 300 ins 2026 No. 5 s 20","sortOrder":445},{"sectionNumber":"ch.8-pt.13-div.2","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":446},{"sectionNumber":"sec.301","sectionType":"section","heading":"Budget for 2025–2026 financial year","content":"### sec.301 Budget for 2025–2026 financial year\n\nThis section applies in relation to the council’s budget for the 2025–2026 financial year.\nSection 104 as in force immediately before the commencement continues to apply in relation to the budget despite the amendment of that section by the amendment Act.\ns 301 ins 2026 No. 5 s 20\n(sec.301-ssec.1) This section applies in relation to the council’s budget for the 2025–2026 financial year.\n(sec.301-ssec.2) Section 104 as in force immediately before the commencement continues to apply in relation to the budget despite the amendment of that section by the amendment Act.","sortOrder":447},{"sectionNumber":"sec.302","sectionType":"section","heading":"Councillors who were candidates immediately before commencement","content":"### sec.302 Councillors who were candidates immediately before commencement\n\nThis section applies if—\nbefore the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and\nimmediately before the commencement, the election period for the election had not ended under that Act.\nSections 155 and 160A as in force immediately before the commencement continue to apply to the councillor, despite the enactment of the amendment Act, until the election period ends.\ns 302 ins 2026 No. 5 s 20\n(sec.302-ssec.1) This section applies if— before the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and immediately before the commencement, the election period for the election had not ended under that Act.\n(sec.302-ssec.2) Sections 155 and 160A as in force immediately before the commencement continue to apply to the councillor, despite the enactment of the amendment Act, until the election period ends.\n- (a) before the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and\n- (b) immediately before the commencement, the election period for the election had not ended under that Act.","sortOrder":448},{"sectionNumber":"sec.303","sectionType":"section","heading":"Councillor training","content":"### sec.303 Councillor training\n\nTraining that was, immediately before the commencement, approved councillor training for a matter under section 169A as in force immediately before the commencement is, from the commencement, taken to be an approved training course for the same matter under new section 169A.\ns 303 ins 2026 No. 5 s 20","sortOrder":449},{"sectionNumber":"sec.304","sectionType":"section","heading":"Existing senior contract employees","content":"### sec.304 Existing senior contract employees\n\nThis section applies to a person if, immediately before the commencement, the person—\nheld an appointment under section 193 as in force immediately before the commencement; and\nwas employed on a contractual basis and classified by the council as ‘senior executive service’.\nFrom the commencement—\nthe person’s contract and conditions of employment continue; and\nthe person is taken to have been appointed by the council as a senior contract employee under new section 192.\ns 304 ins 2026 No. 5 s 20\n____\nch 8 pt 13 div 3 (ss 305–307) ins 2026 No. 5 s 27 (uncommenced amendment)\n(sec.304-ssec.1) This section applies to a person if, immediately before the commencement, the person— held an appointment under section 193 as in force immediately before the commencement; and was employed on a contractual basis and classified by the council as ‘senior executive service’.\n(sec.304-ssec.2) From the commencement— the person’s contract and conditions of employment continue; and the person is taken to have been appointed by the council as a senior contract employee under new section 192.\n- (a) held an appointment under section 193 as in force immediately before the commencement; and\n- (b) was employed on a contractual basis and classified by the council as ‘senior executive service’.\n- (a) the person’s contract and conditions of employment continue; and\n- (b) the person is taken to have been appointed by the council as a senior contract employee under new section 192.","sortOrder":450},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Serious integrity offences","content":"# Serious integrity offences","sortOrder":451},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Integrity offences","content":"# Integrity offences","sortOrder":452}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded in scope beyond its original 2010 framework through successive amendments. Notable scope changes include: the addition of sex work regulation restrictions (2024), party house noise liability provisions (2012), personal property seizure rules linked to the Commonwealth Personal Property Securities Act (2010), swimming pool safety restrictions (2010), and expanded joint local government provisions (2012). The core governance framework remains consistent with original intent, but the Act has accumulated additional subject-matter restrictions and specific powers that were not part of its original design."},"complexity_factors":["Extensive cross-referencing to other Acts (Local Government Act, Planning Act, Building Act, Electoral Act, Personal Property Securities Act, Public Sector Ethics Act, Police Powers and Responsibilities Act, Statutory Bodies Financial Arrangements Act, Acts Interpretation Act)","Multiple layers of governance with overlapping jurisdiction (State, council, joint local governments, change commission, electoral commission)","Nested legal definitions — terms like 'significant business activity', 'competitive neutrality', 'beneficial enterprise', 'subordinate local law' each have precise technical meanings that chain to further definitions","Complex hierarchy of local laws (standard local laws, interim local laws, subordinate local laws, model local laws) with different rules applying to each type","Nuanced restrictions on council lawmaking powers that include exceptions to exceptions (e.g. development processes section has carve-outs for advertising devices, gates/grids, roadside dining)","Competitive neutrality framework requires understanding of National Competition Policy Agreements and economic concepts","Multiple amendment history across many years (2010–2026) means the current text reflects accumulated changes that can be difficult to track","Provisions about joint local governments and cross-boundary powers add jurisdictional complexity","Ministerial override powers with non-appealable decisions create an unusual accountability structure"],"plain_english_summary":"## City of Brisbane Act 2010 — What It Does and Who It Affects\n\n### The Big Picture\nThis law is the rulebook for how Brisbane City Council operates. It sets out what the council is, what powers it has, how it's structured, and what rules it must follow. If you live, work, own property, or do business in Brisbane, this law shapes almost every interaction you have with your local government.\n\n### Key Things This Law Does\n\n**1. Establishes Brisbane as a city**\nIt formally declares Brisbane the capital city of Queensland, locks in its boundaries as they were before 1 July 2010, and says those boundaries can only be changed through a formal review process.\n\n**2. Sets up the Council as a legal entity**\nBrisbane City Council is a \"body corporate\" — meaning it's treated like a company in law. It can own property, sign contracts, sue people and be sued, all in its own name.\n\n**3. Defines who runs the council and what they must do**\n- The council normally consists of the mayor plus 26 elected councillors\n- All councillors must represent residents' interests and be accountable to the community\n- The mayor has extra duties: leading the council, preparing budgets, directing senior staff\n- Council staff (including the CEO) must act impartially, ethically, and in the public interest\n\n**4. Divides Brisbane into 26 wards (voting areas)**\nEach ward must have roughly the same number of voters (within 10% of the average). The electoral commission reviews ward boundaries regularly to keep things fair.\n\n**5. Allows — but limits — the council's power to make local laws**\nThe council can create its own rules (called \"local laws\") for managing Brisbane. However, it **cannot** make local laws about:\n- Telecommunications connections to homes\n- Election advertising (how-to-vote cards, election signs)\n- Duplicating State planning/development processes\n- Swimming pool safety barriers (covered by State law)\n- Sex work or sex work businesses (added in 2024)\n- Anti-competitive conduct (without following a specific review process)\n\n**6. Allows the council to run businesses and community enterprises**\nThe council can run businesses that benefit Brisbane (like parking stations, quarries, sporting facilities). But it must play fair — if it's competing with private businesses, it must apply \"competitive neutrality\" rules so it doesn't have an unfair advantage just because it's a government body.\n\n**7. Gives the State government oversight**\nThe State Minister can suspend or cancel (\"revoke\") a local law if it conflicts with other laws or isn't in the State's interest. Decisions about changing Brisbane's boundaries can't be appealed to a court.\n\n**8. Party house noise — owners can be held liable**\nThe council can make local laws that hold property owners (including short-term rental landlords) responsible for repeated excessive noise from their property — even if the owner isn't the one making the noise.\n\n### Who This Affects\n- **Brisbane residents and ratepayers**: Your rights to representation, access to council services, and ability to review council decisions are protected here\n- **Property owners and landlords**: You may be liable for noise from your property under council local laws\n- **Businesses competing with council services**: You have the right to complain if the council has an unfair competitive advantage\n- **Councillors and council staff**: Your duties and responsibilities are clearly defined — breaching them has consequences\n- **Developers and planners**: The council cannot create its own separate planning approval system — it must use the State's system"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (2010) was a consolidation of earlier Brisbane city legislation, primarily focused on establishing the council, its powers, and basic governance. Since then, numerous amendments have significantly expanded its scope. For example, it now includes detailed conflict of interest rules (prescribed and declarable), caretaker period restrictions, councillor advisors, mandatory training, criminal history checks, and complex competitive neutrality requirements. The Act has grown from a foundational local government charter into a detailed code of conduct and accountability."},"complexity_factors":["Very long Act with over 300 sections and multiple chapters, parts, and divisions","Numerous cross-references to other Acts (Local Government Act, Planning Act, etc.)","Extensive defined terms (e.g., 'local government related law', 'significant business activity', 'prescribed conflict of interest')","Complex conflict of interest provisions with multiple categories (prescribed, declarable) and detailed procedures","Nested exceptions and conditions in local law-making and enforcement powers","Many amendment histories indicating frequent changes","Detailed financial and accountability requirements with multiple registers and reports"],"plain_english_summary":"This Act establishes Brisbane as a city and sets up its local government, the Brisbane City Council. It defines the council's structure: a mayor and 26 councillors elected from 26 wards. The council has broad powers to manage the city, including making local laws (bye-laws), levying rates and charges, controlling roads and stormwater drains, running businesses (like ferry services), and entering contracts. The Act also sets rules for councillors' conduct, conflicts of interest, financial accountability, and how the council can enter private property for inspections. It includes provisions for changing ward boundaries, holding meetings, and making local laws (with some restrictions, e.g., can't regulate telecommunications connections or election advertising). The Act creates a system for competitive neutrality when the council runs businesses that compete with the private sector. It also covers caretaker periods during elections, councillor training, and registers of interests. In short, it's the rulebook for how Brisbane's city government operates."},"kimi_summary":{"_metrics":{"completionTokens":890},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive local government charter for Brisbane. While there have been amendments (noted throughout with references to amending Acts), these appear to be incremental updates rather than fundamental scope expansion. The core framework covering council constitution, powers, local laws, rates, and infrastructure remains intact."},"complexity_factors":["Extensive cross-referencing to other Acts (Local Government Act, Electoral Act, Planning Act, Building Act, etc.)","Multiple conditional triggers for councillor vacancies and filling mechanisms","Detailed procedural requirements for local law making including State interest checks and publication rules","Complex entry powers with varying thresholds: permission, reasonable notice, warrant, and emergency circumstances","Nested definitions throughout (e.g., 'significant business activity', 'reasonable proportion of electors', 'prohibited substance')","Multiple amendment notes showing evolving legislative framework","Financial accountability provisions with personal liability for councillors","Caretaker period restrictions with exception mechanisms requiring Ministerial approval"],"plain_english_summary":"**What this legislation does:**\n\nThe *City of Brisbane Act 2010* is the main law that establishes and governs the **Brisbane City Council** — Australia's largest local government. It sets out how the council is structured, what it can do, and how it must operate.\n\n**Key things the Act covers:**\n\n- **The Council's identity and powers**: Brisbane is confirmed as Queensland's capital city, and the council is established as a legal entity (a \"body corporate\") that can make decisions, own property, and be sued in court.\n\n- **Who runs the council**: The council is made up of a **mayor** plus **26 other councillors** representing 26 wards. The Act details who can be a councillor, how they're elected, when their terms start and end, and what disqualifies someone from serving (criminal convictions, bankruptcy, being a prisoner, etc.).\n\n- **What councillors and staff must do**: Councillors must represent residents' interests, attend meetings, and provide leadership. The mayor has extra duties like preparing the budget and directing senior staff. Council employees must follow ethical standards and implement council policies.\n\n- **Local laws**: The council can make **local laws** (by-laws) for Brisbane, but can't regulate certain things like telecommunications connections, election advertising, development approvals, or sex work. The Minister can suspend or revoke local laws that conflict with state interests.\n\n- **Money matters**: The council must levy **general rates** on all rateable land and can impose other charges for services like waste collection. It must maintain proper financial systems and budgets. Councillors can be personally liable if they improperly spend or borrow money.\n\n- **Roads and infrastructure**: The council controls Brisbane's roads (except state-controlled ones), can widen them, and must maintain a public register. It also manages stormwater drains, can establish pedestrian malls, and has exclusive rights to ferry services across the Brisbane River.\n\n- **Entry and enforcement**: **Authorised persons** can enter properties to check compliance with local laws — sometimes with permission, sometimes with a warrant, and sometimes without permission in emergencies. Council workers can also enter land to fix problems or take materials (with notice).\n\n- **Caretaker periods**: During election campaigns, the council can't make major policy decisions without Ministerial approval, and can't publish election material.\n\n**Who it affects:**\n\n- **Residents of Brisbane** — anyone who lives, owns property, or runs a business in the city\n- **Property owners** — who pay rates and may have council workers enter their land\n- **Councillors and council staff** — whose roles, powers and obligations are defined\n- **Businesses** — especially those competing with council-run services or needing council approvals\n\n**Why it matters:**\n\nThis Act is the constitutional foundation for how Australia's third-largest city is governed. It balances local democracy (through elected councillors) with state oversight (through ministerial powers), and sets clear rules about what the council can and can't do with public money, private property, and regulatory power."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.27(ssec.6)","severity":"low","reasoning":"The section purports to explain why the instrument is called a 'subordinate' local law by saying it is subordinate — this is circular reasoning embedded in the statute itself. While harmless in practice, it is logically vacuous.","confidence":0.72,"description":"The definition of a subordinate local law states that 'if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.' However, the section begins by saying a subordinate local law 'is called that because it is subordinate to the local law under which it is made' — this is a tautological explanation that adds no legal content, merely restating the label as its own definition."},{"type":"retroactive_impossibility","section":"sec.42(ssec.5)(b)","severity":"high","reasoning":"Deeming a law to 'never have had effect' after it has been enforced and acted upon creates an irresolvable contradiction: persons may have been fined, convicted, or required to comply with obligations under a law that legally never existed. The no-liability shield in s42(6) only protects the State, not affected persons, and does not address completed criminal or civil proceedings.","confidence":0.88,"description":"The Minister may revoke a local law such that 'the local law is taken to never have had effect.' This creates a retroactive impossibility: any enforcement actions, penalties, convictions, or obligations that arose under the local law during its operative period are left in a legally incoherent state, since the law is deemed never to have existed. Section 42(6) attempts to address this by saying the State is not liable for loss, but that does not resolve the status of completed legal acts under the now-void law."},{"type":"other","section":"sec.13(ssec.2)(b)","severity":"medium","reasoning":"Section 9 defines the council as 'the elected body that is responsible for the good rule and local government of Brisbane.' Section 13(2)(b) allows the council to be constituted by an unelected CEO, directly contradicting the foundational characterisation of the council as an elected body. While intended as a practical fallback, it creates a structural absurdity.","confidence":0.82,"description":"If there are no councillors for any reason and no interim administrator is appointed, the council is constituted by its chief executive officer. However, the chief executive officer is an employee of the council (see s.15), not an elected representative. This means the council — an elected body responsible for 'good rule and local government of Brisbane' (s.9) — can be constituted by a single unelected bureaucrat with no democratic mandate."},{"type":"impossible_compliance","section":"sec.41A(ssec.2)","severity":"low","reasoning":"The prohibition on amendment combined with a mandatory repeal deadline is somewhat contradictory in practice — if the council wished to phase out the provision gradually or transition compliance obligations, it cannot do so. It must either repeal fully or do nothing. Additionally, this deadline (1 January 2017) has long passed, making the provision now a spent obligation of no operative effect but still on the books.","confidence":0.65,"description":"Section 41A(2) prohibits the council from amending a pre-commencement local law provision about regulated pool barriers after commencement, and mandates its repeal by 1 January 2017. This means the council is required by law to repeal the provision but is simultaneously forbidden from amending it — the council cannot even amend it to add the repeal mechanism itself, creating a situation where the only lawful act is full repeal with no intermediate steps."},{"type":"impossible_compliance","section":"sec.50(ssec.4) and sec.50(ssec.8)","severity":"medium","reasoning":"Annual reports are retrospective documents covering a completed financial year. Requiring an assessment to be completed before the end of the financial year in which the activity is 'first identified in the annual report' creates a chicken-and-egg problem: the annual report identifies the activity after year-end, but the assessment must be done before year-end. In practice this may be workable if the identification happens mid-year in a draft, but the statutory language is structurally confused.","confidence":0.75,"description":"Section 50(4) requires the council to conduct a public benefit assessment before the end of the financial year in which the significant business activity is 'first identified in the annual report.' However, an annual report is typically produced after the end of the financial year. This means the council must complete an assessment before the end of a financial year based on identification in a report that may not yet exist or be adopted during that same year."},{"type":"self_contradicting","section":"sec.14(ssec.4)(b)","severity":"low","reasoning":"The interplay between the mayor's independent policy development power and the supremacy of council-adopted policies creates potential for operational deadlock. The provision does not specify what happens to a mayoral policy already being implemented when the council adopts an inconsistent policy.","confidence":0.6,"description":"The mayor has responsibility for 'developing and implementing policies, other than policies that conflict with policies adopted by the council.' However, the mayor also has responsibility under s.14(4)(a) for 'implementing the policies adopted by the council.' If the mayor develops a policy and the council then adopts a conflicting policy, the mayor must simultaneously implement the council's policy (s.14(4)(a)) and is barred from implementing their own conflicting policy (s.14(4)(b)) — but no mechanism exists to resolve which obligation prevails if both policies are already in implementation."},{"type":"other","section":"sec.11(ssec.5)","severity":"medium","reasoning":"The extraterritorial extension of Brisbane's local law jurisdiction to any geographic location is a significant overreach that is logically absurd in scope. While practically constrained by Ministerial approval and the State's own valid powers (s.11(2)), the text on its face confers potentially global local government jurisdiction, which is a structural absurdity.","confidence":0.7,"description":"When the council exercises a power outside Brisbane, 'the council has the same jurisdiction in the place as if the place were inside Brisbane.' This means Brisbane's local laws and jurisdiction extend to any location on Earth (including outside Queensland per s.11(4)(b)), which would theoretically give the Brisbane City Council local law jurisdiction in, say, another Australian state or a foreign country, subject only to Ministerial approval."}],"contradictions":[{"severity":"medium","section_a":"sec.9","section_b":"sec.13(ssec.2)(b)","confidence":0.85,"description":"Section 9 defines the Brisbane City Council as 'the elected body that is responsible for the good rule and local government of Brisbane.' Section 13(2)(b) provides that if there are no councillors and no interim administrator, the council is constituted by its chief executive officer — an unelected employee. This directly contradicts the foundational definition of the council as an elected body."},{"severity":"medium","section_a":"sec.21(ssec.3)","section_b":"sec.21(ssec.5)","confidence":0.9,"description":"Section 21(3) states the change commission 'may conduct its assessment in any way that it considers appropriate.' Section 21(5) states that 'despite subsection (3), the change commission must comply with the Minister's direction' as to how to conduct the assessment. These provisions directly contradict each other: the commission's discretion in s.21(3) is entirely negated by the Minister's override power in s.21(5), rendering s.21(3) meaningless as a grant of independent discretion."},{"severity":"low","section_a":"sec.29(ssec.1)","section_b":"sec.41(ssec.3)","confidence":0.62,"description":"Section 29(1) grants the council power to make 'any local law that is necessary or convenient for the good rule and local government of Brisbane.' Section 41 restricts the making of local laws containing anti-competitive provisions unless prescribed procedures are followed, but s.41(3) exempts interim local laws from this restriction entirely. However, s.29(2) sets out prohibitions that apply to all local laws including interim laws. The exemption in s.41(3) for interim laws could be read as allowing anti-competitive interim local laws without the s.41(1) procedure, but it is unclear whether the s.29(2) general prohibition also applies, creating an ambiguous contradiction about whether interim laws are subject to the anti-competitive restriction at all."},{"severity":"high","section_a":"sec.42(ssec.5)(b)","section_b":"sec.42(ssec.6)","confidence":0.83,"description":"Section 42(5)(b) allows the Minister to revoke a local law so that it is 'taken to never have had effect.' Section 42(6) states the State is not liable for loss or expense incurred because a local law is suspended or revoked. However, if the law never had effect, there can be no valid basis for any enforcement action, penalty or obligation that arose under it — yet s.42(6) only shields the State from liability rather than providing any remedy or relief to those who complied with, were penalised under, or relied upon a law that is now deemed never to have existed."},{"severity":"low","section_a":"sec.17(ssec.1)","section_b":"sec.13(ssec.1)","confidence":0.55,"description":"Section 17(1) divides Brisbane into 26 wards. Section 13(1) constitutes the council with 'the mayor and 26 other councillors.' Section 17(4) defines a 'reasonable proportion of electors' by dividing total electors by 'the number of councillors (other than the mayor).' The example in s.17(4) uses 5 councillors, not 26 — while this is clearly illustrative, the formula in s.17(4) is defined by the number of councillors, which is fixed at 26 by s.13(1). If the number of councillors changes (e.g. during a transition or under a regulation), the ward boundaries become misaligned with representation requirements, yet no reconciliation mechanism is provided."},{"severity":"medium","section_a":"sec.30(ssec.6)","section_b":"sec.31(ssec.1) and sec.31(ssec.3)","confidence":0.68,"description":"Section 30(6) declares that the council 'does not have to carry out any public consultation before making' an interim local law. Section 31(1) excludes subordinate local laws and model local laws from the State interest check requirement, but does not explicitly exclude interim local laws. Section 31(3) requires consultation with government entities about the 'overall State interest' before making any local law to which s.31 applies. If an interim local law is not a subordinate or model local law, it appears s.31 applies and requires State interest consultation — yet s.30(6) exempts interim laws from public consultation. The statute is silent on whether State interest consultation is required for interim local laws, creating an ambiguous gap."},{"severity":"low","section_a":"sec.11(ssec.7)","section_b":"sec.11(ssec.8)","confidence":0.72,"description":"Section 11(7) states that within a joint local government's area, the council 'may not' exercise a power for which the joint local government has jurisdiction. Section 11(8) immediately provides that 'the council may exercise the power as a delegate of the joint local government.' This means the prohibition in s.11(7) is fully negated by s.11(8) — the council can always exercise the prohibited power simply by acting as a delegate, making the prohibition in s.11(7) practically meaningless since delegation can always be arranged."}]}},"importantCases":[],"_links":{"self":"/api/acts/city-of-brisbane-act-2010","history":"/api/acts/city-of-brisbane-act-2010/history","analysis":"/api/acts/city-of-brisbane-act-2010/analysis","conflicts":"/api/acts/city-of-brisbane-act-2010/conflicts","importantCases":"/api/acts/city-of-brisbane-act-2010/important-cases","documents":"/api/acts/city-of-brisbane-act-2010/documents"}}